By Christian M. Wade | Statehouse Reporter

Jan 8, 2025

BOSTON — In a warning to communities along the MBTA system, the state’s highest court has affirmed the Attorney General’s authority to sue cities and towns to force them to comply with a state law requiring them to develop multifamily housing near public transit.

The state Supreme Judicial Court ruling sided with a lawsuit filed by Attorney General Andrea Campbell’s office against Milton last year. Campbell asked the high court to force the town to comply with the so-called MBTA Communities Act that requires cities and towns to zone for more apartments and town homes close to buses and trains.

“Given the Attorney General’s broad authority to act in the public interest, and the fact that the public has an interest in the enforcement of (the MBTA Communities Act), the Attorney General is empowered to enforce it, notwithstanding the lack of any reference to such power in that statute,” justices wrote in the 23-page ruling, issued Wednesday.

Campbell praised the ruling as a “resounding victory” and “a major step forward in our work to address the unacceptably high cost of housing” in the state.

“The state’s highest court has made clear that communities subject to the law must allow for additional, responsible development — and that the law is mandatory, not voluntary,” she said in a prepared statement.

Gloucester, Rockport, Manchester-by-the-Sea, Essex and at least 173 other communities are subject to the MBTA Communities Act, which was passed in early 2021 by then-Gov. Charlie Baker with near-unanimous support from the Legislature.

The law requires so-called MBTA communities to establish multifamily zoning within a half a mile of commuter rail stations, ferry terminals, or bus stations. Under the law, the zoning districts must be suitable for families with children.

Locally, Rockport, North Andover, Methuen, Lawrence and Newburyport are among communities along the MBTA’s system that are weighing or have approved plans to approve local zoning changes to comply with the law. Some, like Haverhill, have been told they are already in compliance. Others’ Town Meeting, like Marblehead, have rejected the plan.

Gloucester’s City Council approved a zoning plan but opponents collected enough signatures on a citizen referendum petition to, under the City Charter, suspend it, putting the city out of compliance. The City Council plans early in 2025 to schedule an election on the zoning.

In February, voters in Milton rejected the plan to build more housing, despite threats from the Healey administration to pull grant funding and take the town to court. Critics of the plan argued that the zoning plan is unfair and would force the town of 28,000 residents to build at least 2,461 new housing units near public transit.

In legal filings, Milton officials argued that the AG didn’t have legal standing to file the challenge and that it violated the separation of powers doctrine, but justices in their ruling said they were “unconvinced” by those arguments.

“If we were to adopt the town’s interpretation, the only consequence to an MBTA community for failing to comply with the act would be the loss of certain funding opportunities,” justices wrote. “Thus, those communities, like the town in this case, which choose to forgo the identified funding programs, would be free to ignore the legislative decision to require towns benefiting from MBTA services to permit their fair share of multifamily housing near their local MBTA stations and terminals.”

Justices did, however, fault the state Executive Office of Housing and Livable Communities, which oversees the program, for lacking regulations to enforce the law.

The Healey administration said it plans to file propose emergency regulations to fully implement the law. Those rules would be effective immediately, officials said.

The ruling comes as Gov. Maura Healey and legislative leaders are seeking to spur more home building amid the shrinking inventory that is edging first-time buyers out of the market.

The prolonged housing crunch is impacting the state’s economic growth, making it much harder to attract new families and businesses, they say.

Healey praised the high court’s ruling, saying her administration will work with Milton and all communities “to help them understand how we will all benefit from the MBTA Communities Law and find ways for them to meet their unique housing needs.”

“Together, we are going to make housing more affordable for all of the people who keep our communities strong — our teachers, nurses, first responders, small business owners, seniors and families,” she said in a prepared statement.

ARTICLE PUBLISHED HERE