In Massachusetts, a legal battle is intensifying over the MBTA Communities law, which requires 177 communities to zone for multifamily housing to address the state’s severe housing shortage. Passed in 2021 as part of an economic development package, this law aims to mitigate the housing crisis by increasing the housing supply. The forthcoming Supreme Judicial Court case will determine whether Attorney General Andrea Campbell has the authority to enforce this law, with the town of Milton as a key opponent. The court’s decision will set a critical precedent for housing policy enforcement in the state, highlighting the ongoing tension between state mandates and local autonomy.
The MBTA Communities Law and Its Importance
The MBTA Communities law is a pivotal piece of legislation that mandates certain towns and cities to zone for multifamily housing, aiming to alleviate Massachusetts’ housing crisis where demand vastly outstrips supply. With skyrocketing housing costs and a severe shortage of affordable living spaces, proponents argue that zoning for multifamily housing is essential. Supporters include Governor Maura Healey and Attorney General Andrea Campbell, who believe the law is fundamental to stabilizing the housing market. They recently highlighted compliant communities, citing Somerville as an exemplary case. Somerville’s zoning changes, particularly allowing three-decker homes “as of right,” serve as a model for other municipalities, signaling a broader commitment to tackling the housing shortage.
The MBTA Communities law’s importance extends beyond legislative measures, reflecting a proactive approach to creating much-needed housing units. By ensuring that communities zone for multifamily housing, the law aims to provide a regulatory framework that can meet both current and future housing demands. This approach is seen as critical for fostering sustainable urban development and ensuring that more residents have access to affordable housing. Somerville’s efforts, in particular, demonstrate how cities can align local zoning laws with state mandates to achieve meaningful progress in addressing housing shortages.
Legal Challenge and Milton’s Resistance
Milton’s resistance forms the crux of the challenge against the MBTA Communities law, arguing that it should not be classified as a rapid transit community due to its trolley line, which they claim does not qualify as rapid transit. This contention has led to a lawsuit questioning whether Attorney General Campbell has the authority to compel Milton, and similar towns, to adhere to state housing mandates. Milton officials assert that the law’s enforcement provisions are limited, only allowing for the loss of grant funds as penalties for non-compliance. This legal battle underscores the broader debate over the balance of power between state and municipal authorities in enforcing housing policies.
The outcome of the Supreme Judicial Court case will have significant ramifications, as it will clarify the extent of the Attorney General’s enforcement powers under the MBTA Communities law. Milton’s legal brief challenges the scope of these powers, emphasizing the need to delineate clear boundaries between state authority and local governance. If the court rules in favor of Campbell’s enforcement power, it could pave the way for stricter state oversight in future housing initiatives. Conversely, a ruling favoring Milton could embolden other communities to resist state mandates, complicating efforts to address the widespread housing crisis.
Broader Implications for Massachusetts Housing Policy
This case extends beyond a mere legal battle, serving as a microcosm of a larger debate on housing policy and regulatory enforcement within Massachusetts. Facing an estimated shortfall of 200,000 housing units by 2030, the state has implemented the MBTA Communities law to zone for nearly 300,000 units, representing a strategic effort to meet burgeoning housing demands. The success of this law hinges on not only its passage but also the robustness of its enforcement mechanisms, which are now being scrutinized through the lens of Milton’s resistance.
The compliance and proactive steps taken by other communities, as highlighted in events such as the one in Somerville, reflect a broader acceptance and positive momentum for the MBTA Communities law. Lieutenant Governor Kim Driscoll and Somerville Mayor Katjana Ballantyne emphasized the urgency of the housing crisis and the state’s ambitious goals during these events. The recent approval of Southborough’s multifamily zoning plan exemplifies the growing compliance among communities, reaffirming the importance of collective action in addressing the housing shortfall.
Community and State Efforts Toward Compliance
Multiple cities and towns are actively working towards meeting the requirements of the MBTA Communities law, with 75 communities currently in compliance and three dozen having their plans approved. These compliant communities qualify for a catalyst fund aimed at supporting housing and infrastructure projects, underscoring the law’s role in facilitating tangible improvements in housing availability. The positive shift towards compliance among municipalities reflects a collective recognition of the urgent need to address the housing crisis.
Officials from compliant cities such as Quincy, Cambridge, and Everett have demonstrated that municipalities can successfully align local zoning laws with state mandates when provided with appropriate support and frameworks. Ed Augustus, head of the Executive Office of Housing and Livable Communities, emphasized the pivotal role that these efforts play in mitigating the state’s housing issues. By working collaboratively with state authorities, these communities are setting an example of how local and state governments can unite to tackle the housing shortage effectively.
Public Opinion and Future Prospects
In Massachusetts, a significant legal battle is unfolding over the MBTA Communities law, which mandates 177 localities to zone for multifamily housing to tackle the state’s critical housing shortage. Enacted in 2021 as part of an economic development initiative, the law seeks to alleviate the housing crisis by boosting the housing supply. The upcoming Supreme Judicial Court case will decide if Attorney General Andrea Campbell possesses the authority to enforce this mandate, with Milton being a notable adversary. This ruling will set an important precedent for the enforcement of housing policies in the state, underscoring the ongoing friction between state directives and municipal autonomy. The conflict is emblematic of a broader struggle seen nationwide as governments endeavor to balance local governance with overarching state needs. As Massachusetts grapples with its housing issues, the outcome of this legal contest will likely influence future legislative approaches to similar challenges, making it a definitive moment in the state’s political and housing landscape.
