CHAPA, LCR, and Nixon Peabody Applaud Massachusetts Supreme Judicial Court’s Dismissal of Marshfield Challenge to MBTA Communities Act

CHAPA, LCR, and Nixon Peabody Applaud Massachusetts Supreme Judicial Court’s Dismissal of Marshfield Challenge to MBTA Communities Act

In a critical victory for housing justice and affordability, the Massachusetts Supreme Judicial Court (SJC) has upheld the legality of the MBTA Communities Act and decisively dismissed the Town of Marshfield’s legal challenge. The ruling confirms once again that compliance with the state’s affordable housing law is non-negotiable and deals a decisive blow to attempts to undermine state mandates that expand access to housing.

The SJC held that the MBTA Communities Act does not violate the Home Rule Amendment of the Massachusetts Constitution and that Marshfield failed to show the Act is an unfunded mandate. This decision marks the second high-profile case in which the state’s highest court has unequivocally declared that the MBTA Communities Act is a valid exercise of the state Legislature’s power. Citizens’ Housing and Planning Association (CHAPA), Lawyers for Civil Rights (LCR), and Nixon Peabody LLP celebrate the ruling as another landmark victory in the mission to create more affordable housing opportunities across Massachusetts.

In February, CHAPA, LCR, and Nixon Peabody filed an amicus brief with the SJC on behalf of 18 housing and civil rights organizations in defense of the MBTA Communities Act.

“Today’s decision allows communities to keep moving forward by creating more homes, stronger communities, and a thriving Commonwealth,” said Eric Shupin, Chief Executive Officer of Citizens’ Housing and Planning Association (CHAPA). “The Governor, the Attorney General, 168 MBTA Communities already in compliance, and the SJC have now all made clear that noncompliance is non-negotiable. CHAPA will continue to support using all the tools our state has, including the MBTA Communities Act, so everyone can find a safe, affordable home in the communities they choose. This is a victory for housing and opportunity across Massachusetts.”

Last year, a Superior Court judge issued a comprehensive decision dismissing unfunded mandate suits brought by Marshfield and other municipalities. In that opinion and the one issued today, the courts declined to follow the state auditor’s 2025 finding that the Act is an unfunded mandate.

“This decision affirms, once again, that the MBTA Communities Act is the law of the land in Massachusetts,” said Jacob Love, General Counsel for Policy at CHAPA. “We’re hopeful that today’s victory shuts the door on further legal challenges to the Act, so that the Commonwealth can continue to create the homes that Massachusetts residents need.”

“As today’s decision confirms, compliance with the MBTA Communities Act is, and always has been, mandatory,” said Jillian Lenson, Senior Attorney at Lawyers for Civil Rights. “Massachusetts’ lack of sufficient affordable housing for families is a crisis—and one that disproportionately impacts communities of color. It is well past time for all MBTA Communities to allow for critical multi-family development. This is now settled law, and compliance must continue to ensure greater access to housing.”

Signed into law 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. As of September 2026, over 10,000 new homes (with over 1,800 of them deed-restricted) 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) works with people of color, immigrants, and low-income communities to fight discrimination, foster equity, and pursue justice through creative and courageous legal advocacy, education, and economic empowerment. In partnership with law firms and community allies, LCR provides free, life-changing legal support to individuals, families, and small businesses. 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.

Economic Development Bill: House–Senate Housing Comparison

Economic Development Bill: House–Senate Housing Comparison

The Massachusetts House and Senate have now passed separate versions of the 2026 Economic Development Bill, sending those versions to a Conference Committee that will negotiate a single, final Bill.

Each version of the Bill currently before the Conference Committee includes a different set of housing provisions. To help legislators, advocates, and the public parse the housing policies under consideration at this stage, CHAPA has prepared a side-by-side comparison chart with summaries of the housing items contained in each version of the Bill:

 

Federal Proposal Seeks to Roll Back Anti-Redlining Standards

Federal Proposal Seeks to Roll Back Anti-Redlining Standards

Under a 1977 law called the Community Reinvestment Act (“CRA”), federal regulators must regularly grade FDIC-insured banks on their efforts to invest in low-income neighborhoods within their service areas. The CRA also requires regulators to consider these grades when banks seek federal permission to open new branches and merge with other banks.

This is a critical mechanism not only for preventing modern lending discrimination, but also for combatting the long-term effects of historical redlining. Since poor CRA grades can hinder banks as they strive to expand, the CRA directly incentivizes private financial institutions to extend credit to historically underserved communities. As a result, the law generates hundreds of billions of dollars in annual lending for community development projects, like affordable housing, in low-income areas.

While the CRA applies to all FDIC-insured banks, it subjects them to three different levels of review based on size. Under current rules, the so-called “large bank” review process, which is by far the most rigorous, applies to institutions with more than $1.6 billion in assets. Over 500 total banks meet that threshold.

However, the federal government is now proposing to drastically shrink the total number of banks subject to each of the two highest levels of CRA review. According to reporting, if the rule is allowed to take effect, 800 total banks would drop to a lower compliance tier and only 86 total banks across the country—those with over $10 billion in assets—would be considered large banks.

Removing strict CRA oversight for hundreds of big banks will weaken their incentive to finance community development, significantly reducing the flow of funding to critical housing and revitalization projects in underserved neighborhoods across the country.

For more information, see the National Community Reinvestment Coalition’s resource on the proposal.

Economic Development Bill: House–Senate Housing Comparison

Governor Healey Signs FY2027 Budget Without Changes

Governor Maura Healey signed the FY2027 budget this week, approving the version the Legislature sent to her desk without any vetoes. CHAPA advocated for that outcome to preserve key housing priorities contained in the $63.4 billion appropriations package. And we thank both the Governor and the Legislature for their continued work to preserve and expand critical housing programs, even in a very difficult budget year. 

This year’s budget increases funding for key state rental assistance and supportive housing initiatives like MRVP, Public Housing, RAFT, and HomeBASE, and maintains level funding for many other beneficial efforts such as first time home buyer counselling. Additionally, the outside sections codify several targeted changes to Chapter 40A, the Commonwealth’s Zoning Act, designed to reduce local obstacles to development and expand housing production. A separate outside section streamlines the disposition of vacant public housing, helping housing authorities more quickly clear and repurpose long-vacant units so they can be returned to safe use for residents who need them.

CHAPA published a detailed analysis of the housing pieces in this budget earlier this month, which you can find here. We have also produced a budget tracker, which provides a side-by-side housing comparison between this year’s budget and last year’s.

Economic Development Bill: House–Senate Housing Comparison

Major Housing Policy Wins in the House Economic Development Bill 

The Massachusetts House has passed its 2026 economic development bill (H.5562), building on legislation Governor Healey originally filed as “Mass Wins.” CHAPA is thrilled that the bill contains several of its priority housing policies for this session, including Yes in God’s Backyard (“YIGBY”) and a statewide framework for site plan review. We applaud the House—particularly Speaker Mariano, Chair Michlewitz, Representative Vargas, and Representative Kassner—for recognizing the urgency of our housing challenges and leading the charge on bold policy solutions. 

Housing and economic development go hand in hand. Rising housing costs drive residents and workers out of state and make it harder for employers to hire and retain talent. By adopting policies that pave the way for more housing production, this bill will boost housing affordability, help families stay in their communities, and bolster the economy for everyone. 

Next Steps

H.5562 now heads to the Senate, which will debate and approve its own version of the bill. The two chambers will then form a conference committee to negotiate and reconcile any differences between their respective versions, before sending a final bill to the Governor for her signature. As this process plays out between now and the end of the formal legislative session on July 31st, CHAPA will keep working with partners to protect these housing gains and to advance priorities not yet included. 

Thank you to the House for passing a robust economic development bill that advances meaningful housing investments and policies. 

Key Housing Provisions in the Bill:

  • YIGBY: Allows faith-based organizations across Massachusetts to build multifamily housing by right on land they already own, significantly reducing local barriers to development while also requiring meaningful affordability for people with low incomes. 
  • Site plan review: Codifies a statewide framework for site plan review, replacing a fragmented system in which site plan review rules and processes vary significantly by municipality. It allows cities and towns to maintain local oversight while also creating a set of uniform rules to facilitate development, like mandating objective standards and establishing reasonable review timelines. 
  • Commercial conversions: Supports the conversion of commercial properties into new multifamily and mixed-use housing.
  • $120 million in housing grants, including $50 million to help municipalities convert commercial properties into homes, $50 million to remediate former state-owned buildings for housing, and $20 million for a veterans housing initiative.
  • Ending Housing Discrimination (Amendment #544, Rep. Madaro): Strengthens fair housing enforcement in real estate. It requires adjudicatory bodies, like the Massachusetts Commission Against Discrimination, to refer findings of housing discrimination against real estate  brokers to the state licensing board. Additionally, it mandates license suspension based on such violations (60 days for 1st violation, 180 days for subsequent violations within a 2 year period), adds fair housing and diversity training to licensing and continuing-education requirements, and requires annual public reporting of complaints and disciplinary actions. 

 

Other Significant Housing Measures

The bill advances several other significant Housing Provisions

  • Tenant Opportunity to Purchase (Amendment #71, Rep. Livingstone): Gives cities and towns a local option to establish a tenant opportunity to purchase, so tenants, or their designee, have a chance to buy their home when it’s offered for sale, with parallel rights in short-sale and foreclosure situations. 
  • Local Housing Tax Increment Financing (TIF) (Amendment #644, Rep. Vargas): Creates a local-option housing TIF framework that enables municipalities to encourage new residential and mixed-use growth.
  • Housing Development Incentive Program (HDIP) (Amendment #347, Rep. Cabral) : Expands this Gateway Cities market-rate housing production tool, raising the annual program cap to $40 million and allowing awards of up to $5 million per project.

 

 

Federal Proposal Seeks to Roll Back Anti-Redlining Standards

CHAPA Opposes HUD Proposal to Roll Back LGBTQ Protections

Lesbian, gay, bisexual, and transgender (“LGBT”) people across the U.S. have long suffered from high rates of housing discrimination and homelessness. Recognizing these issues, the federal agency in charge of national housing law—the Department of Housing and Urban Development (“HUD”)—has adopted protections for LGBT people to ensure they have equal access to HUD programs and HUD-funded housing. These protections, collectively known as the Equal Access Rule (“EAR”), have been in place for over a decade. 

Recently, however, HUD issued a proposal that would eliminate the EAR. The proposal is not yet finalized because, under federal law, HUD is required to solicit and review public feedback before implementing changes. With that in mind, CHAPA has spent months advocating for Massachusetts organizations to oppose HUD’s proposal, and it has also submitted its own comment letter urging HUD to reverse course.

HUD’s deadline for the submission of public comments has now passed. Over the coming weeks, as HUD reviews public feedback and works toward finalizing the proposal, it is critical to spread the word about how harmful the proposal would be for the LGBT community. CHAPA will continue doing so alongside its partners and, as part of those efforts, is now publishing the full text of its comment letter.  

A PDF of the letter, including footnotes, is available here. You can also read the text of the letter below:

I. Interests of CHAPA

CHAPA is a Massachusetts non-profit advocacy organization with over 1,200 members. Our mission is to encourage the production and preservation of housing that is affordable to low and moderate-income households and foster diverse and sustainable communities through planning and community development. CHAPA’s membership is comprised of people and entities from across Massachusetts housing community, including developers and owners, community development corporations, tenants, tenant organizations, civil rights groups, lenders, investors, and community finance institutions

II. Introduction

Lesbian, gay, bisexual, and transgender (“LGBT”) people in America experience disproportionately high rates of homelessness and widespread discrimination that limits their access to housing. These issues are acute in the trans community, which also faces heightened barriers to shelter access. Historically, many single sex shelters have excluded trans people; and, due to risk of mistreatment, trans people often avoid shelters designated for their sex assigned at birth.

HUD’s Equal Access Rule (“EAR”) is tailored to address these well-documented issues. To ensure the vulnerable LGBT population has equal opportunity to benefit from HUD resources, the EAR requires that: (1) HUD-assisted housing be available “without regard” to “sexual orientation” or “gender identity”; and (2) facilities funded by the Office of Community Planning and Development (“CPD”) provide “access … benefits, services, and accommodations … in accordance with the individual’s gender identity.” In short, these provisions prohibit gender- and sexuality-based discrimination in HUD-funded housing and require CPD supported shelters to place and serve people based on their gender identity.

However, the Proposed Rule operates to eliminate these LGBT protections. It does so by removing all references to “sexual orientation” and “gender identity” in the relevant provisions and replacing them with the word “sex,” defined as “an individual’s immutable biological classification as either male or female.” Thus, if finalized, the Proposed Rule would transform the EAR into a fundamentally different policy—one that is silent on LGBT discrimination and access.

In attempting to rationalize this change, HUD neither disputes the existence of the LGBT housing challenges underlying the EAR, nor claims the EAR is ineffective in addressing those challenges. Instead, HUD asserts the Proposed Rule is necessary to address three primary problems with the EAR, namely that it: (1) compromises privacy and safety for cisgender women; (2) imposes an “unacceptable burden” on the religious exercise of “many” faith-based shelters; and (3) conflicts with the policy and directive of Executive Order 14158.

This explanation is woefully insufficient to justify HUD’s wholesale abandonment of the EAR’s LGBT protections. Those safeguards have formed a longstanding bulwark against LGBT housing discrimination and are necessary to facilitate meaningful shelter access for the trans community. Any decision to rescind them will not only create an enforcement vacuum that facilitates unfair treatment against the LGBT population, but also—especially for trans people—exacerbate homelessness levels that have already reached a crisis point.

As discussed in more detail below, the Proposed Rule: lacks support in its threadbare record for key factual assumptions; ignores a mountain of publicly available evidence undermining its claims; and fails to show how its sweeping policy reversal is a remotely rational response to existing circumstances.

III. The EAR is a Targeted Solution to Two Real Problems: LGBT Homelessness and Anti-LGBT Discrimination

A. LGBT Homelessness

Research across the country has repeatedly found that LGBT people suffer from elevated rates of homelessness compared to cisgender straight people. For example, one study of adults by UCLA’s Williams Institute found higher rates of recent homelessness—i.e., homelessness in the past year—for both trans people (8%) and non-trans sexual minorities (3%) relative to cisgender straight people (1%).1 It also examined the proportion of non-trans sexual minorities who have been homeless at any time in their life (“lifetime homelessness”), finding that 17% had homelessness experience vs. only 6% of the general population.

While this research lacked data on the prevalence of lifetime homelessness among transgender people, other studies support that it’s very high. One point of reference is the 2015 National Transgender Survey. In that survey’s sample, which included over 27,000 transgender people from all 50 states, 30% of respondents reported having been homeless at least once.

LGBT people also make up an outsized share of homeless youth. In 2022, the Trevor Project cited considerable data showing that “LGBTQ youth are overrepresented among young people experiencing homelessness.” This builds on reports from many other organizations, like the Center for American Progress (“CAP”), which have outlined support for this point.5 According to a 2013 CAP report, LGBT people make up only 5-7% of all American youth, but estimates suggest that they represent 9-45% of homeless youth.

B. Anti-LGBT Discrimination and Mistreatment

The LGBT population is also subject to pervasive housing discrimination and mistreatment in the United States. HUD itself has generated strong empirical evidence, through large-scale paired testing, that same-sex couples experience less favorable treatment than heterosexual couples in the private rental market.7 Moreover, as part of the EAR rulemaking process, HUD cited a similar testing study conducted by Michigan fair housing centers. That study uncovered disparate treatment of gay and lesbian home seekers on a variety of issues.

Trans people encounter similar prejudice when they pursue rental housing. For example, a matched pair testing study of the Boston, Massachusetts rental market found that transgender and gender non-conforming people received “discriminatory differential mistreatment 61% of the time.”

The trans community also faces a unique set of barriers to shelter access. Trans individuals, by their nature, have an internal gender identity that differs from their sex assigned at birth. Many trans people choose to live in accordance with that identity, including by changing their pronouns and aligning their external appearance to match how they feel. This sense of self is deeply held. Thus, when trans people are misgendered—that is, have their identity invalidated, often through words or actions—many feel stigma and psychological stress.

Prior to the current version of the EAR, this kind of misgendering, and other forms of mistreatment based on gender identity, were common for trans shelter seekers. According to the 2015 US Transgender Survey, of the respondents who experienced homelessness and sought shelter: “almost 30% reported being denied shelter due to being transgender or due to their gender expression,” and 44% experienced some form of mistreatment at a shelter, including harassment, assault, or requirements to dress or present as the wrong gender.”

C. The EAR is Narrowly Tailored to Address Those Problems

The current version of the EAR, amended in 2016 to require that CPD-funded shelters place, serve and accommodate transgender people based on their gender identity, is finely tuned to address the housing challenges faced by the LGBT community. In particular, through the rule’s current structure, HUD is proactively seeking to address the discrimination, mistreatment, and unequal housing access that have long plagued LGBT people in the United States.

Notably, the final rule is clear that, to the extent anyone in shelter needs an accommodation based on privacy concerns, such accommodations should be made available to the extent they are not discriminatory.

IV. HUD Has Failed to Justify Its Sweeping Policy Reversal

A. Privacy and Safety Rationale

HUD initially attempts to justify the Proposed Rule as somehow necessary to protect the safety and privacy of cisgender women. Regarding safety, the Proposed Rule notes that “Homeless women are at increased risk of sexual assault by biological males” and that requiring admission of trans women into “shared sleeping, bathroom, and other intimate settings continues to place [cisgender homeless] women at risk of sexual harassment and assault.”

But neither of these claims are borne out by the facts. The reality is that, in jurisdictions that permit trans people to access sex segregated spaces, crime rates do not increase. One empirical analysis of Massachusetts municipalities provides compelling evidence. Specifically, the study compared crime data between jurisdictions with and without gender identity inclusive public accommodations laws, finding that “the passage of such laws is not related to the number or frequency of criminal incidents in these spaces.”

The Proposed Rule also contends that allowing trans women, who it refers to as “biological men,” into women’s only shelters will expose cisgender women to “trauma” and fear. This is pure speculation. And even if it wasn’t, HUD’s proposed solution to this problem is paradoxical. If its Proposed Rule goes into effect, it will mandate that transgender men—including those that have undergone hormone therapy, gender conforming surgery, grown beards, etc.—can only stay in single sex shelters designated for women. This would mean that cisgender women would continue to be exposed to people who look like men.

Ultimately, if this kind of fear was even a problem, HUD does not explain why the current rule’s allowance for privacy accommodations would not solve it in individual cases raised by shelter residents.

B. HUD’s Other Assertions

None of HUD’s other assertions justify abandoning its longstanding EAR. Not only does the LGBT community rely on it, but so do the many shelter providers whose policies reflect the longstanding rules. Additionally, HUD only cites to one shelter in Alaska that raises religious objections. One shelter provider’s objections cannot justify the recission of an entire policy, especially when there are narrower alternatives available within the ambit of the current rule.

V. Conclusion

Thank you for your consideration of these comments. Again, we oppose implementation of the Proposed Rule and urge HUD to rescind it immediately.