CHAPA’s Statement on the Massachusetts Supreme Judicial Court Decision in Attorney General vs. Town of Milton
Today, the Massachusetts Supreme Judicial Court released a landmark decision in Attorney General vs. Town of Milton that affirms the responsibility of every MBTA Community under the MBTA Communities Act to zone for multifamily housing. The decision also confirms that the Attorney General has legal standing to enforce the MBTA Communities Act.
Citizens’ Housing and Planning Association (CHAPA) celebrates this decision as a major victory for housing and a critical step in ensuring that all cities and towns contribute to solving Massachusetts’ decades-long housing shortage by providing more of the types of homes people need for everyone to thrive.
“The decision today is a big win, putting us on the path towards a future where everyone in Massachusetts can find a safe, affordable home in the community they choose,” said Rachel Heller, Chief Executive Officer of Citizens' Housing and Planning Association (CHAPA). “Every city and town has a role to play in addressing the housing shortage, and we’re happy that the Massachusetts Supreme Judicial Court has reaffirmed Milton's and other non-compliant municipalities' responsibility to be part of the solution. When we say yes to more housing in our communities, like the 116 communities already in compliance have, we are closer to creating the 200,000 homes we need by 2030 and the Massachusetts we all want and deserve.”
Although the MBTA Communities Act directs the Executive Office of Housing and Livable Communities (EOHLC) to issue guidelines, the court argues that EOHLC should have promulgated regulations for compliance. CHAPA encourages EOHLC to reissue the current guidelines as emergency regulations that would take immediate effect to avoid confusion for already-compliant communities and prevent delays in creating the housing that Massachusetts desperately needs. These guidelines were developed through a thoughtful process that considered and incorporated over 200 comments from municipalities, advocates, planners, residents, business leaders, and more.
“The Supreme Judicial Court’s ruling that Milton must comply with the MBTA Communities Act is an important step in the fight for fair housing,” said Whitney Demetrius, CHAPA’s Director of Fair Housing and Municipal Engagement. “For too long, communities have used restrictive zoning to prevent the creation of homes affordable to people with low and middle incomes. CHAPA is optimistic that this ruling will allow people of all income levels to find homes in the communities that they choose.”
As of today, 116 municipalities have adopted zoning ordinances that comply with the MBTA Communities Act, a significant majority of all MBTA Communities. CHAPA expects this ruling will motivate communities currently out of compliance to act quickly to abide by the law. If they do not, this ruling suggests that future court decisions will order noncompliant communities to comply with the law and allow multifamily housing development.
The Commonwealth must create at least 200,000 new homes by 2030 to alleviate the shortage and keep pace with demand. Meanwhile, residents in all corners of Massachusetts, at every income level, are struggling with high rents and home prices. The MBTA Communities Act enables multi-family housing creation to help Massachusetts reach this goal and provide more choices to those facing escalating and, too often, unattainable housing costs.
CHAPA congratulates the Attorney General for taking on and winning this essential case and thanks the Healey-Driscoll Administration for supporting communities in the implementation of this law to expand housing opportunities for the people of Massachusetts. CHAPA also thanks Nixon Peabody—Karla Chaffee, in particular—for their work drafting and filing the amicus brief on our behalf along with more than 30 organizations.