by Will Rhatigan | Jun 6, 2025 | Featured News, Housing News
June 6, 2025 — Today, in yet another victory for the MBTA Communities Act (the “Act”), a Massachusetts Superior Court judge decisively ruled that the Act “does not constitute an unfunded mandate.” In doing so, the Court squarely rejected the State Auditor’s contrary opinion issued earlier this year and dismissed a series of municipal lawsuits citing that opinion. Those suits were always a hail mary—as Citizens’ Housing and Planning Association (“CHAPA”) argued in an amicus brief filed by Lawyers for Civil Rights (“LCR”)—and the latest Court ruling slams the door shut on their arguments. Most importantly, the decision re-affirms that all MBTA Communities must do their part to alleviate Massachusetts’ affordable housing shortage by allowing multi-family housing to be built more freely.
CHAPA and LCR celebrate this ruling as a major victory in the mission to create multi-family and reasonably-priced housing opportunities across Massachusetts, and applaud Attorney General Andrea Campbell’s steadfast defense of the Act in these lawsuits and others.
“CHAPA is thrilled that the courts have once again affirmed that the MBTA Communities Act is the law and that communities must comply,” said Rachel Heller, Chief Executive Officer of CHAPA. “Sky-high housing costs are hurting people and our neighborhoods and threaten the health of our economy. Today’s decision makes it clear that every community needs to be part of the solution.”
Although the Massachusetts Supreme Judicial Court held that the Act is constitutional and enforceable in Attorney General vs. Town of Milton this January, several communities recently filed lawsuits seeking exemptions from the Act in response to a determination from the State Auditor’s Division of Local Mandates (DLM) that the Act could be an unfunded mandate. Those towns include Duxbury, Hamilton, Hanson, Holden, Marshfield, Middleton, Wenham, Weston, and Wrentham.
As CHAPA and LCR expected, the Court soundly rejected these suits, concluding instead that DLM’s determination was flawed and legally non-binding, and that the Act does not impose any unfunded costs on communities. The court further agreed with our organizations 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.
The court also rejected all claims that multifamily zoning districts impose infrastructure costs upon communities, concluding that any connection between multifamily zoning and increased costs for services and infrastructure is purely speculative.
“Today’s ruling is a great victory for all Massachusetts residents, but particularly the communities of color and low-income individuals hardest hit by the affordable housing crisis,” said Jacob Love, Senior Attorney at LCR. “Increasing multi-family housing stock is critical to advancing fair housing in the Commonwealth and this decision preserves one of the most important tools we have in the fight for housing equity.”
Like the courts, the majority of MBTA communities have rejected the argument that multi-family homes impose unfair costs. As of May 30th, 75 percent of MBTA Communities have embraced the opportunity to provide more reasonably-priced homes for their residents and adopted multifamily zoning districts intended for compliance with the Act.
CHAPA and LCR are gratified that the courts not only continue to endorse our legal arguments, but also reject all efforts to undermine the Act. While this law is only the first of many steps needed to make homes affordable for everyone in Massachusetts, defending it is crucial to setting the stage for all the other work we intend to do together to build more reasonably-priced homes.
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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, healthy, and affordable place to call home in the communities they choose, free from discrimination. For more information, visit www.chapa.org.
Lawyers for Civil Rights fights discrimination and fosters equity through creative and courageous legal advocacy, education, and economic empowerment. With law firms and community allies, we provide free, life-changing legal support to individuals, families, and small businesses. www.lawyersforcivilrights.org
by Will Rhatigan | Apr 14, 2025 | Featured News
April 14, 2025 — Today, the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) released final regulations for implementation of the MBTA Communities Act, or Section 3A of M.G.L. Chapter 40A, the state’s Zoning Law. Reflecting the spirit of the previous compliance guidelines, these regulations maintain strong requirements for every MBTA Community to do its part in solving the Commonwealth’s housing shortage.
Signed into law by then-Governor Charlie Baker in 2021, the MBTA Communities Act requires the 177 communities served by or adjacent to the MBTA to designate a district where property owners will have the right to build multifamily housing. Since restrictive zoning codes have been a major barrier to building multifamily housing in Massachusetts for decades, this law is an important step towards ensuring Massachusetts is creating enough homes for our current residents and to keep up with demand. This is critical to stabilizing housing costs and ensuring people have access to homes they can afford in the communities they choose.
Citizens’ Housing and Planning Association (CHAPA) commends EOHLC for maintaining regulations that present clear, consistent instructions for how all MBTA Communities should create multifamily zoning districts. At present, 119 communities have adopted multifamily districts. CHAPA has supported community engagement efforts in over 70 MBTA communities through our technical assistance program. The consistency in regulations will enable more communities to continue through the compliance process with clarity and confidence.
“Nearly everyone is feeling the pain of high home prices and rents. The MBTA Communities Act, along with the new state laws making it possible to create Accessory Dwelling Units in every community and increasing funding for affordable housing, provide necessary tools for expanding our housing supply so that people can find homes they can afford in the communities they choose,” said Rachel Heller, Chief Executive Officer of CHAPA. “EOHLC’s final regulations reflect the spirit and letter of the law in asking all MBTA communities to allow the homes that people, our neighborhoods, and the Commonwealth need to thrive.”
CHAPA appreciates that the final regulations allow municipalities significant flexibility in deciding where and how they would like to allow property owners to build multifamily housing. While all communities are held accountable for creating opportunities to build new housing, they retain flexibility in deciding the density, height, location, and design standards of any multifamily housing that they allow. This flexibility allows communities to meet the housing needs of the Commonwealth while preserving and adapting to what makes them unique.
“These regulations ensure that all MBTA Communities will create opportunities for teachers, first responders, small business owners, and local employees to find homes in the communities that they serve,” said Lily Linke, Director of Municipal Engagement at CHAPA. “High housing costs are driving young people and public servants out of Massachusetts, and I’m optimistic that implementing the MBTA Communities Act with these regulations will allow more people to feel confident building their lives in our state.”
With nearly 120 communities having adopted MBTA Communities multifamily zoning, we are putting the Commonwealth on track towards achieving the state’s goal of creating 220,000 new homes by 2035 to meet the needs of current and future residents. CHAPA looks forward to continuing to work with EOHLC and local communities to advance policies that will provide everyone in Massachusetts with a safe, accessible, and affordable home in the community of their choice.
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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, healthy, and affordable place to call home in the communities they choose, free from discrimination. For more information, visit www.chapa.org.
by Will Rhatigan | Mar 14, 2025 | Housing News
On March 13, the Healey-Driscoll administration released its first round of ten awards from the new MBTA Communities Catalyst Fund. These grants support activities related to housing development for communities that have committed to creating more homes for their residents by complying with the MBTA Communities Act. The first round of awards is expected to support the creation of 2,332 homes.
Signed into law in 2021 by then Governor Charlie Baker, the MBTA Communities Act asks every municipality adjacent to MBTA service to create at least one zoning district where property owners are allowed to build multifamily buildings like triple deckers, duplexes, and small apartment buildings. Already, 119 Massachusetts communities have passed zoning districts that will allow the creation of reasonably-priced homes.
Key investments in the first round of awards include:
- Acquiring parcels for affordable housing in Somerville, Revere, and Arlington
- Developing sewer and water connections for new homes in Chelsea, Easton, Harvard. Lincoln, and Salem
- Building an ADA-accessible ramp at the North Grafton Commuter Rail Station
CHAPA’s technical assistance program for community engagement is proud to have worked with over 70 communities in achieving compliance with the MBTA Communities Act, and we look forward to many more communities unlocking new homes and state investments in the years to come.
