by Will Rhatigan | Apr 14, 2025 | Featured News
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.
by Jenna Connolly | Jan 8, 2025 | Featured News, Housing News
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.
by iwd Tina | Nov 20, 2024 | Housing News
As of November 20, 2024, over 100 Massachusetts cities and towns have passed zoning districts to comply with the MBTA Communities Law. This innovative law aims to address Massachusetts’ housing shortage by allowing modest types of housing, like duplexes, triple-deckers, and low-rise apartment buildings, near transit. These newly approved multifamily zoning districts will bring us closer to the 200,000 homes that Massachusetts needs by 2030 to stabilize housing prices. Many communities took their commitment to housing one step further by using this new zoning to incorporate affordability as well.
“Communities across Massachusetts are overwhelmingly embracing the MBTA Communities Act. They understand that every municipality has a collective responsibility to ensure we are part of fostering a healthy and vibrant Commonwealth,” said Rachel Heller, Chief Executive Officer of the Citizens’ Housing and Planning Association (CHAPA). “Massachusetts needs more homes that families, older adults, and the local workforce can afford, and these MBTA Communities are doing their part by allowing the creation of more of these types of homes.”
For decades, strict local zoning policies limited opportunities for people by preventing the construction of anything other than single-family homes on large lots. With land values skyrocketing, these policies create barriers that leave some people out of the housing market entirely. Through coalition building, broad outreach, and inclusive community engagement, these 100 MBTA Communities have taken meaningful action to address those barriers.
“The MBTA Communities Act is succeeding at the local level because municipal leaders know that more housing is crucial to the future success of the Commonwealth,” said Lily Linke, CHAPA’s MBTA Communities Engagement Senior Manager. “The vast majority of cities and towns are doing their part in allowing the homes that our residents need, not just because it’s the right thing to do, but because they recognize that when our neighbors thrive, we all thrive.”
CHAPA’s MBTA Communities technical assistance program has supported 45 of these communities by educating residents about the law, consulting with local planners on community engagement, and supporting local pro-housing coalitions as they worked to pass new zoning. 90% of communities that participated in CHAPA’s program have approved an MBTA Communities District, compared to an 83% passage rate overall.
CHAPA congratulates the planners, advocates, elected officials, consultants, and everyone who helped make this milestone possible. We look forward to continuing our work across Massachusetts to encourage communities to embrace and adopt multi-family zoning.
When we say yes to more housing in our communities, we are closer to the Massachusetts we all want and deserve – where everyone has access to a safe, healthy, and affordable home in the community of their choice.
by iwd Tina | Oct 3, 2024 | Housing News
This week, the Commonwealth launched the MBTA Communities Catalyst Fund to assist municipalities in meeting the requirements of the MBTA Communities Act.
Eligible municipalities can apply for grants ranging from $250,000 to $1 million to support housing development and infrastructure improvements, focusing on creating multifamily housing within or adjacent to compliant MBTA “3A Districts.” Funds may be used for various activities, including public outreach, engineering, and infrastructure upgrades such as water, sewer, and streetscape improvements. Priority will be given to projects that produce affordable multifamily housing, particularly those with units affordable to households earning below 80% of the Area Median Income (AMI). Mixed-use projects are also eligible, though those with a greater focus on housing will be more competitive. Funded projects must use at least 50% of awarded funds in the first fiscal year, with FY25 projects expected to be completed by June 30, 2026.
This initiative supports the development of affordable housing in key transit areas, promoting inclusive community growth and improving infrastructure to meet future housing needs across Massachusetts.
by iwd Tina | Sep 19, 2024 | Housing News
This week, CHAPA submitted a friend of the court (amicus) brief in support of Attorney General Andrea Campbell’s lawsuit against Milton to enforce the MBTA Communities Act. The brief was filed by Nixon Peabody on behalf of CHAPA and more than 30 organizations and businesses, representing housing developers, local housing coalitions, faith-based coalitions, disability advocates, service providers, business organizations, community development corporations, realtors, and lenders.
The AG’s lawsuit sends a clear message: the Commonwealth’s housing laws must be followed and municipalities play a critical role in allowing the homes that people, our communities, our economy, and the Commonwealth need to thrive.
At a time when people across income levels are feeling the pain of escalating home prices and rents, the status quo keeps Milton’s gates closed. For too long, zoning has been used to say no and to limit opportunities for people. This hurts people, our environment, our businesses, and the competitiveness of the Commonwealth.
The Legislature passed this law to establish the by-right zoning needed to produce multifamily housing. The MBTA Communities Act is one of many housing policies meant to remove barriers to production and facilitate housing development. From Chapter 40B through the Affordable Homes Act’s establishing accessory dwelling units by right in all single-family neighborhoods, the MBTA Communities Act is another tool created by the Legislature to ensure that Massachusetts is a place where everyone can have a home they can afford in the community they choose.
Municipalities have a collective responsibility to ensure we are part of fostering a healthy and vibrant Commonwealth. This includes allowing the multifamily housing we need for vibrant communities where kids can grow up near their grandparents, businesses thrive, renters can become homeowners, and people can stay in the neighborhoods they love.
