Newton’s mayoral candidates share a common problem: their positions — or perceived positions — on single-family-only zoning. Mayor Ruthanne Fuller will have to deal with opposition characterizing her as a threat to single-family zoning, despite her seemingly being okay with it. Challenger Amy Mah Sangiolo apparently feels the need to defend single-family zoning to energize an important bloc, though defending single-family zoning renders her housing and land-use policies incoherent.

The boxes they find themselves in are both of their own making. Fortunately, they both have a way out. They can stand up for what’s right and against what’s wrong.

Some background. In May 2020, at the height of the outrage over George Floyd’s death, Mayor Fuller (along with City Council President Susan Albright and School Committee Chair Ruth Goldberg) issued a powerful statement decrying systemic racial bias and pledging to root it out of Newton. Some housing and social justice advocates, including your humble scribe and the Boston Globe, noted that exclusionary zoning was an obvious and easily fixed example of systemic racial bias in Newton and urged Mayor Fuller (and a host of other public officials) to first publicly identify Newton’s single-family-only zoning as systemic racial bias and then pledge to eliminate it. Eliminating it boils down to legalizing multi-family housing in the 70% of Newton currently zoned single-family-only.

As it happens, the city has been engaged in a zoning redesign process, starting with discussions in the City Council’s Zoning and Planning Committee (ZAP). In August 2020, the Mayor’s Planning Department introduced new draft Zoning Ordinance language for ZAP’s consideration. The new draft, without any prior discussion, legalized tightly regulated multi-family housing in formerly single-residence districts, specifically legalizing the construction of two-family homes by right (meaning without requiring a special permit) and legalizing multi-unit conversions of existing homes, also by right. 

From a housing and social justice perspective, the new draft language was a terrific step. If adopted, it would rid Newton of the Jim-Crow stain of de jure exclusionary zoning. It offered reasonable limitations on development, providing a workable starting point for further discussion and negotiation in the City Council.

A group of councilors, most notably Councilors Marc Laredo and Lisle Baker, did not, however, share this enthusiasm and complained quite emphatically. They did not discuss and negotiate. Instead, they demanded that ZAP table any consideration of abolishing exclusionary zoning at least until the next Council was convened, in January 2022. 

Mayor Fuller made no public defense of the new draft. Instead, in one of her regular emails she announced a “consensus”:

To move away from considering both two[-]family zoning as well as the conversion of very large homes into up to six units as by[-]right options applied everywhere in Newton[.]

And, like that, her effort to eliminate single-family zoning was put on ice. As far as I can tell, the draft language is no longer even available on the city web site.

Unfortunately for Mayor Fuller, whatever hope she might have had that withdrawal of the proposal and announcement of the consensus would quiet the issue, Newtonians in favor of maintaining single-family-only zoning warn of a continued threat. Now-Councilors Tarik Lucas and John Oliver put defending single-family-only zoning against its threatened elimination at the center of their successful special election campaigns. 

And, now former Alderperson, City Councilor, and mayoral candidate Sangiolo, presumably to secure and activate the Right* Size Newton bloc that helped secure Councilors Lukas and Oliver their seats, is ascribing to Mayor Fuller a continued desire to eliminate single-family zoning. Candidate Sangiolo positions herself as the candidate who will protect the institution. In a recent tweet, she posted a campaign infographic, “Amy vs. Ruthanne On Zoning,” which opens “Amy is against the elimination of single-family zoning” and characterizes Mayor Fuller as having “pushed for more multi-family zoning without strict regulations.” (Emphasis supplied.)

| Newton MA News and Politics BlogFact check: the multi-family housing that Mayor Fuller’s Planning Department proposed for single-residence districts was more strictly regulated than current multi-family housing opportunities.

You can almost hear Mayor Fuller’s frustration. Why should she be pinned with wanting to get rid of single-family-only zoning when she was never a leader on the issue and clearly gave up on the project?

Unfortunately for Candidate Sangiolo, the tweet and graphic backfired, largely because her enthusiasm for single-family zoning seems to be at odds with her stated commitment to affordable housing. Within hours, Twitter housing advocates, including your humble scribe, mercilessly criticized the tweet and infographic for a variety of reasons, including logical inconsistencies and bad-faith characterizations of Mayor Fuller’s positions. In a follow-up tweet, Candidate Sangiolo alleged disinformation about her commitment to affordable housing, which drew further ridicule. Candidate Sangiolo (or whomever controls the campaign account) has deleted the original tweet with the graphic.

Candidate Sangiolo repeated the logical inconsistency in her written TAB candidate statement;

I do not support eliminating single-family zoning because I believe diversity of our housing stock and our neighborhoods is essential, making Newton attractive to a wide variety of residents.

What’s the inconsistency? Because of Newton’s single-family zoning, seventy percent of the lots in Newton are a legally mandated single-family monoculture. Single-family zoning makes it illegal to build the variety of housing stock — duplexes, triplexes, townhomes, small apartment buildings — that would provide the choices that Candidate Sangiolo claims to believe are necessary.

In sum, Mayor Fuller seems to want to have nothing to do with the issue of exclusionary zoning, but is going to be characterized as its sworn enemy. And, Candidate Sangiolo seems to want to put her experience as a housing advocate and her commitment to affordable housing at the center of her campaign, but her defense of single-family zoning perilously undermines her credibility.

So, what can the two candidates do to undo their self-inflicted single-family-zoning predicaments?

Mayor Fuller should do what she should have done last summer. She should stand up to Councilors Laredo and Baker and their allies, actually or metaphorically look them in the eye, and say: We are morally compelled to get rid of Newton’s exclusionary zoning. I’m happy to work with the Council to craft multi-family housing regulations that make sense for Newton, but maintaining a Jim-Crow legacy is just not an option on my watch.

Candidate Sangiolo should say that she too believes that single-family-only zoning has no place in a welcoming city and that multi-family housing across the city is a critical element to achieve her affordable housing goals. And, she could say that she is the more likely of the two to shape a post-exclusionary-zoning Newton that both eliminates systemic racial bias from our zoning ordinance and preserves what we love about Newton.

Even better,  Mayor Fuller and Candidate Sangiolo could achieve something historic. They could issue a joint promise that either one, if elected, would work to eliminate exclusionary zoning and that neither would speak negatively about the other’s commitment to end single-family-only zoning.

They would both have to contend with the fact that they’ve acted inconsistent with such clear statements of principle. But, voters recognize that candidates undergo the occasional policy transformation. 

Even still, there is clear political risk for either of them. But, what’s the point of running for office if winning the office requires you to turn a blind eye to systemic racial bias or, in Candidate Sangiolo’s case, explicitly defend it?

Last year, Mayor Fuller, instead of withdrawing the proposal and avoiding the debate, could have established the moral terms of the issue with Councilor Laredo and possibly changed the arc of the debate. No, you are not going to brow beat my staff and my allies on the City Council, she could have said. Exclusionary zoning is wrong. And, we are not going to accept your justifications, apologies, and excuses for maintaining it.

As the coming municipal elections are expected to be, at least partially, a referendum on development and zoning, Mayor Fuller and Candidate Sangiolo have a similar opportunity to establish moral terms, individually or together. Defend single-family-only zoning if you want, they could say, but we will identify the defense for what it is: a defense of systemic racial bias.