Massachusetts Towns Face Lawsuit Over MBTA Communities Law Compliance
Nine towns in Massachusetts are currently under legal scrutiny for their failure to adhere to the MBTA Communities Law, aimed at enhancing affordable housing across the state. Attorney General Andrea Campbell announced the lawsuit, targeting Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop for their ongoing noncompliance with the essential legislation designed to confront the state’s housing crisis.
Understanding the MBTA Communities Law
Enacted in 2021 under former Governor Charlie Baker, the MBTA Communities Law mandates that municipalities served by the Massachusetts Bay Transportation Authority (MBTA), along with neighboring communities, establish zoning districts that facilitate multi-family housing options near public transit. This initiative intends to address Massachusetts’ housing shortage, which has reached critical levels.
Campbell emphasized the urgency of the situation, stating, “Massachusetts has a housing crisis, and our Commonwealth is unaffordable.” She underscored that while filing a lawsuit is not her preferred course of action, the law’s enforcement is mandatory, and immediate action is vital to ensure compliance among the involved towns.
Current Compliance Overview
As of now, 165 out of the designated 177 MBTA Communities are in compliance, a development credited with initiating the construction of approximately 7,000 new homes in Massachusetts. However, the law has sparked controversy in various towns, with residents in some areas voicing strong opposition to its requirements.
In Winthrop, for example, residents have argued that the community lacks the necessary space to accommodate a substantial influx of new residents. Attorney Diana Viens noted, “This is not something people are gonna stand for,” reflecting the widespread resistance to the law in some communities.
Legal Actions and Town Responses
Attorney General Campbell has petitioned the courts to compel the noncompliant towns to establish zoning districts aligned with the requirements of the MBTA Communities Law. Previous attempts to encourage compliance included withholding grant funding from municipalities that failed to act.
A year ago, the Supreme Judicial Court upheld the law’s constitutionality, ruling that it is indeed enforceable by the Attorney General. Campbell pointed out, “After five years, it is past time to follow the law,” emphasizing the pressing need for the towns to take action.
Notably, Carver, Freetown, and Rehoboth are also failing to comply with the legislation; however, they have not been included in the lawsuit at this stage. Campbell indicated her willingness to give Carver and Rehoboth additional time to meet their compliance deadlines, which extends to the end of 2025, while Freetown is considering zoning adjustments in an upcoming meeting.
Town-Specific Reactions
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Holden Response: Town Manager Peter Lukes stated that the Board of Selectmen plans to hold a special town meeting, allowing voters to accept or reject a proposed zoning plan. He mentioned, “Today’s action by the Attorney General is therefore of little concern to Holden,” reflecting a nonchalant attitude toward the lawsuit.
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East Bridgewater Statement: Legal representative John Clifford shared that East Bridgewater has made efforts to comply but faced opposition during town meetings. Despite past defeats, the town intends to make another attempt to pass compliant zoning amendments at the May 2026 Annual Town Meeting.
- Halifax and Wilmington Output: Halifax’s town administrator, Steven Solbo, indicated that the town would respond according to legal advice, keeping comments minimal due to pending litigation. Wilmington’s town manager, Eric Slagle, noted that the town anticipated the lawsuit after attempts to pass a compliant zoning amendment were unsuccessful.
Conclusion
As Massachusetts grapples with a significant housing crisis, the enforcement of the MBTA Communities Law is pivotal in facilitating the development of affordable housing options. The current lawsuit against the nine towns underscores the Attorney General’s commitment to ensuring municipal compliance, highlighting the urgency of addressing the pressing housing needs within the Commonwealth.
To explore more about this pressing issue and the specifics of the MBTA Communities Law, stay informed through various news outlets and government resources that continuously update on housing policies and legal compliance measures in Massachusetts.
