The state’s Supreme Judicial Court has ruled that the MBTA Communities Act is constitutional and can be enforced, however, the current housing guidelines are “presently unenforceable.”
In February, Attorney General Andrea Campbell 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 MBTA Communities Law, signed by former Gov. Charlie Baker in 2021, requires municipalities served by the MBTA to have at least one “reasonably sized district where multifamily housing can be built.” The law aims to tackle the state’s housing crisis by promoting the development of more multifamily housing and mandates that such housing must be suitable for families with children and cannot be age-restricted.
In 2023, Campbell issued an advisory clarifying that compliance with the law is mandatory.
That lawsuit, filed in Suffolk Superior Court, sought 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 proposal that if approved would have created a multifamily housing district to put the town in compliance.
On Wednesday, the court issued its ruling.
In its ruling, the SJC declared that the act “creates an affirmative duty for each MBTA community to have a zoning bylaw that allows for at least one district of reasonable size where multifamily housing is permitted as of right, as dictated by G. L. c. 40A, § 3A, and that the act’s delegation of authority to HLC to promulgate guidelines does not violate art. 30 of the Massachusetts Declaration of Rights.”
The ruling went on to say the attorney general has the power to “bring suit for declaratory and injunctive relief to enforce § 3A and its corresponding guidelines.” But noted that because the state’s Executive Office of Housing and Livable Communities didn’t follow proper rules for issuing guidelines, the court declared them “ineffective and, as such, presently unenforceable.”
Gov. Maura Healey said Wednesday the Executive Office of Housing and Livable Communities will be filing emergency regulations by week’s end “consistent with the court’s decision,” adding these emergency regulations will be effective “immediately upon filing.”
Healey called Wednesday’s decision a major victory for her administration’s efforts to increase housing across the state and lower costs.
“The MBTA Communities Law is already a success story,” she said. “116 communities have said yes to housing, and 3,000 new homes are in the pipeline — and those numbers are going to continue to grow.”
Healy said her office is ready to work with the town of MIlton and all communities to help them understand the benefits of the MBTA Communities Law and find ways for these towns to meet their housing needs.
“Together, we are going to make housing more affordable for all of the people who keep our communities strong — our teachers, nurses, first responders, small business owners, seniors and families,” she said.
Greater Boston Real Estate Board CES Greg Vasil said GBREB has been a supporter of the MBTA Communities Act because “we know the only solution to the state’s housing crisis is through creating more homes.”
Rachel Heller, chief executive officer of the Citizens’ Housing and Planning Association, called the decision a “big win.”
“The decision today is a big win, putting us on the path toward a future where everyone in Massachusetts can find a safe, affordable home in the community they choose,” Heller said.
“Every city and town has a role to play in addressing the housing shortage, and we’re happy that the Massachusetts Supreme Judicial Court has reaffirmed Milton’s and other non-compliant municipalities’ responsibility to be part of the solution.
“When we say yes to more housing in our communities, like the 116 communities already in compliance have, we are closer to creating the 200,000 homes we need by 2030 and the Massachusetts we all want and deserve.”