Today, a host of organizations joined forces as signatories on an amicus brief defending the MBTA Communities Act. Attorneys from Citizens’ Housing and Planning Association (CHAPA), Lawyers for Civil Rights (LCR), and Nixon Peabody LLP submitted the brief to the Massachusetts Supreme Judicial Court, opposing the Town of Marshfield’s claim that the MBTA Communities Act is an unfunded mandate. CHAPA, LCR, and Nixon Peabody’s amicus brief reaffirms what the Court has already decided and what Massachusetts Attorney General Andrea Campbell has already made clear: noncompliance is not an option.
“CHAPA will continue to support using all the tools Massachusetts has—including the MBTA Communities Act—so everyone can find a safe, affordable home in the community they choose,” said Rachel Heller, chief executive officer of CHAPA. “Complying with this critical legislation puts the Commonwealth on the path to a bright future where everyone can thrive. The majority of MBTA Communities have already done so, with 166 out of 177 communities already in compliance.”
The Massachusetts Superior Court already rejected Marshfield’s argument as a flawed and legally non-binding determination from the State Auditor’s Division of Local Mandates (DLM) in June 2025. In that decision, the Court concluded that updating zoning codes and holding town meetings are regular functions of municipal government, meaning that the law’s requirement to adopt multifamily zoning districts does not create additional costs. Furthermore, Attorney General Campbell sued nine municipalities that were noncompliant as of January 2026.
“Massachusetts Courts have repeatedly confirmed that the MBTA Communities Act is the law of the land, and we expect the same outcome this time,” said CHAPA’s general counsel for policy, Jacob Love. “No community is exempt from the law. Allowing more homes in all MBTA Communities is a win for Massachusetts residents across the state and will help us meet the Commonwealth’s housing needs.”
While the law has seen unsuccessful ballot campaigns and previous legal challenges, a recent poll from MassINC Polling Group and Abundant Housing Massachusetts found that 79% of voters support building more homes near transit statewide.
“Exclusionary zoning has prevented necessary affordable housing development and perpetuated segregation in Massachusetts for far too long,” said Jillian Lenson, senior attorney at LCR. “All MBTA Communities must comply with their legal obligation to allow for more multi-family housing and open doors for residents who have been unjustly shut out.”
Signed into law by then-Governor Charlie Baker in 2021, the MBTA Communities Act requires all municipalities served by the MBTA to designate an area where property owners can legally build apartments, townhomes, and other types of mid-scale multifamily housing. Already, nearly 7,000 new homes have entered the pipeline in zoning districts adopted to comply with the MBTA Communities Act, providing potentially thousands of people—families, young adults, downsizing seniors, and more—with opportunities to find homes that fit their needs in Massachusetts.
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Citizens’ Housing & Planning Association (CHAPA) is the leading statewide affordable housing policy organization in Massachusetts. Established in 1967, CHAPA advocates for increased opportunity and expanded access to housing so every person in Massachusetts can have a safe, affordable, and welcoming place to call home in the communities they choose. For more information, visit www.chapa.org.
Lawyers for Civil Rights (LCR) is a non-profit organization that provides free legal services to individuals and families in Massachusetts. For over 50 years, LCR has fought against discrimination and sought equal opportunity for people of color and immigrants through creative and courageous legal action, education, and economic empowerment in collaboration with law firms and community partners. LCR represents clients in numerous impact areas, including housing discrimination. For more information, visit https://lawyersforcivilrights.org/.
Nixon Peabody LLP is an American Lawyer top-100 law firm in the United States and has offices worldwide. Our firm delivers exceptional service to our clients and our communities by combining high performance, entrepreneurial spirit, deep engagement, and an unwavering commitment to a culture of collaboration and humanity. Learn more at www.nixonpeabody.com.