Massachusetts Attorney General Andrea Campbell has filed a lawsuit against the town of Milton for failing to comply with the MBTA Communities Law less than two weeks after Milton residents voted against a zoning change that would have allowed the addition of nearly 2,500 new multifamily housing units..
The lawsuit, filed in Suffolk Superior Court Tuesday, is seeking a court order to require the city to come into compliance with the law and permit multifamily housing, something Milton residents voted down in a referendum that if passed would have created a multifamily housing district to put the town in compliance.
Last week Massachusetts Governor Maura Healey notified Town Administrator Nicholas Milano that the town was not in compliance with the state’s MBTA Communities law and that her office would be revoking the town’s state grant funding.
The MBTA Communities Law requires municipalities served by the MBTA to have at least one “reasonably sized district where multifamily housing can be built.” Last year Campbell issued an advisory clarifying that compliance with the law is mandatory.
Of the 177 Commonwealth communities subject to the law, 12 had a deadline of Dec. 31, 2023, to become compliant, according to the AG’s office. Milton developed a compliant zoning district, but earlier this month, voters overturned that decision.
“The housing affordability crisis affects all of us: families who face impossible choices between food on the table or a roof over their heads, young people who want to live here but are driven away by the cost and a growing workforce we cannot house,” said Campbell. “The MBTA Communities Law was enacted to address our region-wide need for housing, and compliance with it is mandatory.”
Healy said every community needs to come together to do their part to make housing more affordable and thanked Campbell for “taking this important step today to enforce compliance with the MBTA Communities Law.”
“This is not just about one community – but about the future of our workforce, our economy and our entire state,” she said.
Greg Vasil, CEO of the Greater Boston Real Estate Board applauded Campbell’s decision in a statement sent to Boston Agent Tuesday.
“The MBTA Communities Act is not optional,” Vasil said. “We applaud the continued commitment of Attorney General Campbell for enforcing it and taking action against Milton for its disregard for the law. The only hope for Massachusetts to solve its crushing housing crisis is for communities across the state to philosophically commit and operationally lay the groundwork for the production and construction of more housing.”
The Massachusetts legislature passed the MBTA Communities Law in 2021, which was subsequently signed by then-governor Charlie Baker. The law aims to tackle the state’s housing crisis by promoting the development of more multifamily housing. Additionally, it mandates that such housing must be suitable for families with children and cannot be age-restricted.