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.