Posted on October 7, 2024
BOSTON --- The Massachusetts Housing Partnership (MHP) has submitted a friend of the court (amicus curiae) brief in support of Attorney General Andrea Campbell’s lawsuit against the Town of Milton to enforce the MBTA Communities Act. The brief was filed by WilmerHale law firm on behalf of MHP in September. Oral arguments were heard by the SJC on Monday, October 7th.
The MBTA Communities Act was enacted by the legislature in 2021 to remove barriers to production and facilitate housing development. It requires 177 cities and towns in the Commonwealth to establish at least one district of reasonable size in which multifamily housing is permitted as of right. Where possible, the district must be within a half mile from public transportation. The law advances MHP’s mission of increasing the stock of affordable housing in the Commonwealth.
MHP’s brief addressed a contention made by the Town of Milton that the MBTA Communities guidelines are unenforceable because they were not adopted through a process required by state law. MHP and the Attorney General strongly disagree with that claim. The MHP brief describes in extensive detail how the state’s process of consulting key stakeholders, soliciting public comments, incorporating those comments into state guidelines, and providing extensive support to cities and towns went far above and beyond anything that might be required by law. MHP has consistently raised the concern of local zoning as a barrier to unlocking housing production and has made recommendations for addressing this challenge, including in the 2014 report to the legislature, Unlocking the Commonwealth and the 2023 report, Building Momentum: New Housing Policies to Unlock the Commonwealth’s Potential.
In addition to advocating for the enactment of the MBTA Communities Act, assisting in its development and implementation, and educating affected communities, MHP has provided technical assistance to over 125 cities and towns—including Milton—to help them comply with the law. Educational outreach included launching an MBTA Communities website with background information about the law, tools for understanding it, and directions for how communities could obtain technical assistance to aid with compliance. In addition, MHP has provided grants for consultant and technical assistance to communities to assist in the development and adoption of districts for compliance with the guidelines.
MHP will continue to partner with municipalities on implementing the MBTA Communities Act and looks forward to the housing opportunity that will be unlocked by their efforts.
For more information, contact MHP Communications Manager Lisa Braxton at lbraxton@mhp.net or (857) 301-1526.