On January 8, 2025, the Supreme Judicial Court upheld the controversial MBTA Communities Act as a constitutional law that the attorney general has the power to enforce with legal action, but also ruled that existing guidelines are "unenforceable" because the Baker and Healey administrations failed to roll them out properly.
The controversial MBTA Communities Act is a constitutional law that the attorney general can enforce with legal action, but the measure is "ineffective" until the Healey administration takes another pass at crafting regulations, the state's highest court ruled Wednesday.
In a 23-page decision with implications for state efforts to influence housing affordability by facilitating more housing production, the Supreme Judicial Court ruled the 2021 zoning reform law does not run afoul of the state Constitution and that Attorney General Andrea Campbell is allowed to sue cities and towns that fail to comply.
However, the court found that the Executive Office of Housing and Livable Communities did not follow state law when promulgating relevant guidelines, rendering them "presently unenforceable."
Gov. Maura Healey and her deputies praised the decision upholding the law, and said they would move to craft new emergency regulations by the end of the week to plug the gap opened up by the ruling.
Campbell, who sought to enforce the law against Milton and also defended its constitutionality in court, called the decision "a resounding victory for the Commonwealth and a major step forward in our work to address the unacceptably high cost of housing for our residents."
"It's crystal clear based on this decision: not only is the MBTA Communities Law mandatory and we have the authority to enforce it, but communities that are within the purview of the MBTA Communities Law must come into compliance, and they must work with their local legislative body on zoning that is compliant," Campbell told reporters.
Kevin Martin, an attorney who represented Milton in the legal proceedings, said town officials are "very pleased the Court recognized the critical importance" of mandatory regulatory steps.
"In that respect today's decision was a victory not only for Milton but also the rule of law," Martin said in a statement. "We hope that in issuing new Guidelines, the Executive Office takes account of the many serious substantive concerns raised not only by Milton, but also by other affected communities."
The ruling sets a major precedent affecting close to half of the state's cities and towns, and it drew support from organizations representing tenants, real estate industry leaders and more. Groups that issued statements of praise included Associated Industries of Massachusetts, the Metropolitan Area Planning Council, the Greater Boston Real Estate Board and Homes for All Massachusetts.
More than two dozen cities and towns that have hesitated to enact the required zoning changes or outright resisted the mandate will now need to come into compliance, but the timeline is unclear.
Healey said the forthcoming emergency regulations "will be effective immediately upon filing," but neither the governor nor other administration officials would say Wednesday how that will impact the original compliance deadlines that in many cases have already passed.
Speaking with reporters after an unrelated event, Healey did not directly answer when asked what the new compliance dates would be.
"We're going to be out soon with more on that," she said.
Campbell said she is confident the new regulations will land "sooner [rather] than later."
"This may require additional time, but it does not in any way stand in the way of a municipality working to come into compliance," she said.
The MBTA Communities Act requires 177 municipalities that host or are adjacent to MBTA service to zone for multifamily housing by right in at least one district.
Cities and towns are classified in one of four categories, and there are different compliance deadlines: host to rapid transit service (deadline of Dec. 31, 2023), host to commuter rail service (deadline of Dec. 31, 2024), adjacent community (deadline of Dec. 31, 2024) and adjacent small town (deadline of Dec. 31, 2025).
Milton Town Meeting in December 2023 approved a zoning plan that would have complied with the law and HLC's guidelines. Some opponents pursued a townwide referendum vote, however, and about 54 percent of voters in February 2024 rejected the zoning proposal.
State officials said Milton's resistance made it ineligible for some grant funding, and Campbell also filed a lawsuit seeking to force the town into compliance. The town contended in response that the attorney general could not seek additional action, and that the only allowable penalty was the loss of certain grant eligibility.
Justices on the state's high court disagreed with the town on that front, ruling that the law is constitutional and that the AG can seek additional injunctive relief.
"As the purpose of [the MBTA Communities Act] is to increase housing stock, the town's proposed reading of the act would thwart the Legislature's purpose by converting a legislative mandate into a matter of fiscal choice," SJC Chief Justice Kimberly Budd wrote in the decision.
The Legislature approved the law in 2021, adding it to a sweeping economic development package at the last minute with little discussion ahead of time. Supporters view it as a way to spur more housing production, which for decades has lagged behind demand in Massachusetts, affecting inventory and driving up prices.