On Tuesday, July 14, Attorney General Andrea Campbell issued a legal advisory informing MBTA Communities of the next steps her office will take to enforce the MBTA Communities Act. Although the final regulatory deadline to adopt compliant zoning has now passed, the Attorney General will defer litigation against non-compliant communities until January 1, 2026. This measured approach provides communities with additional time to complete the local processes required to adopt zoning bylaws by the end of 2025. Citizens’ Housing and Planning Association (CHAPA) commends the Attorney General for her commitment to enforcing this essential housing law.
“The MBTA Communities Act is an essential tool for creating the homes that people, our communities, and our economy need to thrive,” said Rachel Heller, CHAPA’s chief executive officer. “We applaud Attorney General Campbell for her commitment to enforcing state housing laws so that all people have opportunities to find homes they can afford in communities they choose. We hope that communities utilize the many resources available to implement the law, including CHAPA’s cost-free technical assistance program.”
The Executive Office of Housing and Livable Communities’ (“HLC”) original MBTA Communities Act regulations required MBTA Communities with, or adjacent to, commuter rail stations to adopt compliant multifamily zoning districts by the end of 2024. The deadline was extended to July 14, 2025. As of today, 15 communities have missed that deadline and will immediately lose eligibility for most competitive state grant funding.
Although MBTA Communities have had nearly five years to create and implement multifamily zoning plans, a period in which 139 communities—the majority—have successfully complied, CHAPA recognizes the utility of providing more time to municipalities that have struggled to implement the law. Given the amount of inflammatory rhetoric surrounding this law, the Attorney General’s advisory turns down the temperature and political pressure and serves as a gesture of goodwill, encouraging residents to design multifamily zoning districts that meet their community’s unique housing needs.
“CHAPA has worked with planners from over 80 municipalities to educate residents about the MBTA Communities Act and all but four of those communities ultimately chose to adopt multifamily zoning districts,” said Will Rhatigan, CHAPA’s MBTA Communities engagement manager. “We’re confident that every municipality can find a multifamily zoning district that satisfies their residents, and we’re ready to offer our cost-free technical assistance with community engagement to any municipality that seeks to reach compliance with the MBTA Communities Act by the end of this year.”
Communities interested in participating in CHAPA’s cost-free technical assistance program for community engagement can reach out to Will Rhatigan at [email protected].