Final MBTA Communities Regulations Released
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.