9 Massachusetts towns sued for not complying with MBTA Communities Law
Nine Massachusetts towns are being sued for not complying with the MBTA Communities Law.
Attorney General Andrea Campbell announced Thursday she has filed a lawsuit against Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington and Winthrop "for their continued noncompliance" with the law that is designed to increase affordable housing in the state.
The law enacted in 2021 under former Gov. Charlie Baker's administration requires cities and towns served by the MBTA, as well as adjacent communities, to create zoning districts that allow for multi-family housing near public transit.
"Massachusetts has a housing crisis, and our Commonwealth is unaffordable," Campbell said in a statement. "While bringing a lawsuit is never my first choice, courts have consistently ruled that compliance with this law is mandatory, and the urgency of our housing shortage compels me to act to ensure that all MBTA Communities meet their legal responsibilities.
So far, 165 out of 177 designed MBTA Communities are complying with the law. Campbell says the law is responsible for getting the ball rolling on 7,000 new homes in the state. But it has proved controversial in several cities and towns.
Some Winthrop residents have been campaigning against the requirement for years, saying there's not enough space for hundreds of new people in the extremely dense community.
"This is not something people are gonna stand for," attorney Diana Viens told WBZ-TV in 2024.
Campbell is asking the courts to order the towns to create zoning districts that comply with the law. The state has previously tried to get cities and towns to comply by pulling grant funding.
The Supreme Judicial Court ruled a year ago that the law is constitutional, "and that the Attorney General has the power to enforce it."
"After five years, it is past time to follow the law," Campbell said.
Carver, Freetown and Rehoboth are also not in compliance with the law, but they are not being sued at this time. Campbell said she wants to give Carver and Rehoboth more time because their deadline for compliance was at the end of 2025, while Freetown has an upcoming meeting on zoning where they could agree to comply.