Today, Attorney General Andrea Campbell filed suit against the towns of Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop, seeking to achieve full municipal compliance with the MBTA Communities Act. While the vast majority of MBTA Communities—165 out of 177—have already met the Act’s landmark multi-family zoning requirements, the nine towns named in this suit have violated the law by refusing to create districts for multi-family housing.
“With this lawsuit, Attorney General Campbell reaffirms her commitment to creating a Massachusetts where everyone can find a home they can afford in the community they choose,” said Rachel Heller, chief executive officer of Citizens’ Housing and Planning Association (CHAPA). “Massachusetts needs to build 222,000 homes by 2035 to meet the needs of residents, our neighborhoods, and our economy. We thank Attorney General Campbell for ensuring that every MBTA Community is following this important law that puts the Commonwealth on the path to a bright future where everyone can thrive.”
In the five years since Governor Charlie Baker signed the MBTA Communities Act into law, state agencies have offered municipalities ample time and resources to attain local compliance. The Executive Office of Housing and Livable Communities provided at least 157 MBTA Communities with more than $7.8 million in grants designed to help officials draft new zoning districts that align with their local needs and comply with state law. Additionally, CHAPA itself has provided direct technical support to over 80 communities, both to help them understand the law’s requirements and engage their communities in shaping multifamily districts.
“Massachusetts Courts have repeatedly confirmed that the MBTA Communities Act is the law of the land,” said CHAPA’s general counsel for policy, Jacob Love. “We expect a judge to swiftly rule in favor of the Attorney General and bring the nine named towns into compliance. Allowing more homes in MBTA Communities is a win for all Massachusetts residents and will help us meet the state’s housing needs.”
Already, nearly 7,000 new homes 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.