The Massachusetts Supreme Judicial Court (SJC) recently issued a significant ruling on the controversial MBTA Communities Act, a 2021 zoning reform law aimed at increasing multifamily housing production across the state. This decision upholds the constitutionality of the law, confirms the authority of the Attorney General (AG) to enforce it, and sets the stage for municipalities to come into compliance with newly crafted emergency regulations.
What Did the SJC Decide?
The SJC’s 23-page decision clarified several critical points:
- Constitutionality Upheld: The MBTA Communities Act does not violate the Massachusetts Constitution.
- Enforcement Authority: AG Andrea J. Campbell can take legal action against municipalities that fail to comply with the Act.
- Guidelines Require Revision: The Executive Office of Housing and Livable Communities (HLC) did not follow the state’s Administrative Procedure Act (APA) when issuing its guidelines, rendering them currently unenforceable. As a result, the Healey administration must repromulgate these guidelines in accordance with state law.
Implications for Municipalities
The MBTA Communities Act mandates that 177 municipalities served by or adjacent to MBTA service zones designate at least one district for multifamily housing “by right.” Compliance deadlines vary based on the type of community:
- Rapid Transit Communities: December 31, 2023
- Commuter Rail Communities: December 31, 2024
- Adjacent Communities: December 31, 2024
- Adjacent Small Towns: December 31, 2025
As of now, 28 cities and towns have not met these requirements, with Milton emerging as a focal point. Despite approving a zoning plan in December 2023, Milton’s voters rejected it in a townwide referendum. The SJC’s decision affirms that noncompliance can result in more than just the loss of grant funding; the AG can also pursue injunctive relief.
Next Steps for the Healey Administration
Governor Maura Healey and her team have pledged to issue new emergency regulations to address the gaps identified by the court. These regulations, effective immediately upon filing, aim to bring clarity to municipalities while upholding the Act’s legislative intent: increasing housing stock to combat the state’s affordability crisis.
Balancing Local Concerns and Statewide Goals
The ruling has sparked discussions about balancing state housing objectives with local concerns. Critics of the Act argue that its one-size-fits-all approach disregards unique community characteristics and infrastructure limitations. For instance, Milton officials and residents contend that their classification as a “rapid transit community”—due to the light-rail Mattapan trolley—imposes overly stringent zoning requirements.
Senator William Driscoll has called for a more nuanced approach, suggesting that future guidelines consider reclassification requests and offer an appeals process for municipalities. These adjustments, he argues, could foster greater cooperation and reduce litigation.
Broader Support and Challenges Ahead
The SJC’s decision has been welcomed by tenant advocacy groups, real estate industry leaders, and organizations like the Metropolitan Area Planning Council and the Greater Boston Real Estate Board. These stakeholders view the MBTA Communities Act as a crucial step toward addressing decades-long housing shortages that have driven up prices and constrained inventory.
However, the road to full compliance remains challenging. The need for updated regulations introduces uncertainty about new compliance timelines, and local resistance—as seen in Milton and other communities—underscores the complexities of implementing statewide housing reforms.
Conclusion
The SJC’s ruling on the MBTA Communities Act marks a pivotal moment in Massachusetts’ efforts to tackle its housing crisis. By affirming the law’s constitutionality and enforcing its mandates, the decision reinforces the state’s commitment to increasing housing production. As new regulations are crafted, municipalities and state agencies must work collaboratively to ensure that the Act’s objectives are met while addressing legitimate local concerns. This partnership will be essential in shaping a more affordable and equitable housing landscape for the Commonwealth.