Massachusetts Towns Face Lawsuit Over MBTA Communities Law Noncompliance
Nine towns in Massachusetts are facing legal action for failing to comply with the MBTA Communities Law. Attorney General Andrea Campbell announced the lawsuit against Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop. This action comes as part of efforts to address the state’s critical affordable housing shortage.
Overview of the MBTA Communities Law
Enacted in 2021 under former Governor Charlie Baker, the MBTA Communities Law mandates cities and towns served by the Massachusetts Bay Transportation Authority (MBTA) to create zoning districts. These districts must allow for multi-family housing in proximity to public transit options.
Legal Action and Compliance Issues
Out of the 177 designated MBTA Communities, only 165 are currently compliant. Campbell stated, “Massachusetts has a housing crisis, and our Commonwealth is unaffordable.” She emphasized the necessity for legal enforcement, given the urgency of meeting housing needs.
- Lawsuit filed: Nine towns including Dracut and Winthrop for noncompliance.
- Compliance rate: 165 of 177 MBTA Communities are adhering to the law.
- New homes generated: Approximately 7,000 new residences due to the law.
Community Reactions
The response from the towns has been mixed. Residents of Winthrop have actively campaigned against the law, citing concerns about space and density. Meanwhile, East Bridgewater has attempted to adopt zoning amendments to comply, but previous proposals have failed at town meetings.
Future Compliance Efforts
Campbell is also extending time for some towns like Carver and Rehoboth, as their deadlines for compliance are set for late 2025. Freetown has ongoing discussions to possibly meet the requirements in upcoming zoning meetings.
Statements from Town Officials
- Holden Town Manager Peter Lukes: Described the lawsuit as “of little concern,” citing an imminent special town meeting to vote on a zoning plan.
- East Bridgewater’s legal representative John Clifford: Asserted that East Bridgewater has made a good faith effort to comply, with plans for another zoning amendment attempt in May 2026.
The ruling from the Supreme Judicial Court last year confirmed the constitutional validity of the MBTA Communities Law, reinforcing the Attorney General’s authority to enforce compliance. “After five years, it is past time to follow the law,” Campbell concluded.
