Posted on January 9, 2025
BOSTON -- The Massachusetts Supreme Judicial Court (SJC) released its decision yesterday in Attorney General v. Town of Milton. The Massachusetts Housing Partnership (MHP) is pleased that the SJC upheld the MBTA Communities Act as constitutional, affirmed the Attorney General’s power to enforce it, and clarified that compliance with the law is mandatory. The law advances MHP’s mission of expanding access to affordable housing and promoting housing equity in the Commonwealth by requiring 177 communities to create reasonably sized districts in which multifamily housing is permitted as of right.
“Yesterday’s decision is a big win that validates the hard work of at least 116 cities and towns that have already complied in good faith with the MBTA Communities Act,” said MHP Executive Director Clark Ziegler. “MHP will continue to be a source of support for communities seeking to comply and looks forward to working with communities across the Commonwealth to meet our critical need for more housing.”
MHP strongly supports the promulgation of new state regulations that reinforce the previous state guidelines and ratify the MBTA zoning districts that have already been adopted by municipalities. The legal deficiencies the SJC found in the development of state guidelines were entirely technical and procedural, not substantive. As detailed in MHP’s amicus curiae brief to the SJC, the Commonwealth’s 18-month process of public outreach, opportunity for public comment, and consideration of proposed changes -- including changes proposed by the Town of Milton -- vastly exceeded what is required by law. The MHP brief was researched and prepared pro bono by WilmerHale, led by attorney Andrew Waks.
“Through the previous state guidelines, the Healey and Baker administrations built a strong policy framework for expanding housing development across the MBTA region,” said Ziegler. “The SJC’s decision now lets us build on that framework with certainty. MHP is confident that the Executive Office of Housing and Livable Communities will promptly complete the rulemaking process so that we can get right back to work in addressing the state’s critical housing needs.”
In addition to advocating for the enactment of the MBTA Communities Act, assisting in its development and implementation, and educating affected communities, MHP provided technical assistance to over 130 cities and towns 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 provided grants directly to communities to assist them in the development and adoption of districts in compliance with the guidelines.
MHP will continue to partner with municipalities on implementing the MBTA Communities Act and looks forward to the housing opportunities that will be unlocked by their efforts.