News  Implementation of MBTA Communities Law Continues with Nearly 70 Communities Approved

Boston — The Healey-Driscoll Administration announced today that 68 communities are now deemed compliant or conditionally compliant with the MBTA Communities Law, which requires communities served by the MBTA to have at least one district of reasonable size in which multi-family housing is permitted as of right. A total of 119 communities have adopted multifamily zoning to comply with the law, which will increase the production of reasonably priced housing near public transit across the state. Already nearly 4,000 new housing units are in the pipeline because of the law.

Permanent regulations for the law have also now been published after the Supreme Judicial Court ruled that the previous administration did not correctly advance the guidelines for the law’s implementation.

“The MBTA Communities Law is working,” said Governor Maura Healey. “Municipalities have stepped up to create more housing – housing we need for our workers who keep our communities running, for our young people starting out on their own and for our seniors looking to retire. Creating more housing is the single most important thing we can do to help bring down the cost of living for Massachusetts residents. Our administration remains committed to working with all communities to help them come into compliance with the law.” 

“We’re excited to see this kind of momentum,” said Lieutenant Governor Kim Driscoll. “We encourage everyone in the remaining MBTA Communities to continue the work at your town meetings and your city/town councils to craft multifamily zoning that works for your community and strengthens our cities and towns.”

“We need more housing of every type, but particularly multifamily housing,” said Executive Office of Housing and Livable Communities Secretary Ed Augustus. “By embracing multifamily housing, communities are taking a vital step to ensure their residents can find an affordable home that meets their needs.” 

Compliant communities are eligible to apply for the new MBTA Communities Catalyst Fund, which provides financial support to communities for a variety of housing production needs. In March, the Healey-Driscoll Administration awarded $8.7 million in MBTA Community Catalyst Funds to 10 fully compliant MBTA communities. The MBTA Community Catalyst Fund is available to fully compliant communities in addition to the MassWorks and HousingWorks competitive grant programs.

EOHLC works closely with all communities to help them come into compliance. For example, the state recently reached an agreement with Middleborough, which had been out of compliance, on zoning that meets the town's needs and the law's requirements.

The MBTA Communities Law was passed near-unanimously in 2021 by a bipartisan Legislature and signed by Governor Charlie Baker with the intention of removing exclusionary zoning barriers to housing production. On January 8, the Massachusetts Supreme Judicial Court published an opinion confirming that the law is constitutional and that the Attorney General has the power to enforce it. 

"I applaud the municipalities that have embraced responsible zoning, so teachers, nurses, first responders and public servants can live and work in our communities. This compliance helps house our workforce and grow our economy," said Attorney General Andrea Campbell. "My office will continue to enforce the law and collaborate with the Healey-Driscoll Administration to provide communities with resources and technical assistance as they come into compliance." 

The Court also opined that the previous administration did not correctly advance the guidelines for the law’s implementation and that EOHLC must publish the law’s guidelines through the Administrative Procedures Act in order to be enforceable. In response, EOHLC filed emergency regulations on January 14 with the Secretary of the Commonwealth. Communities that did not meet prior deadlines to submit new zoning to the state were given until February 13 to file a plan to achieve compliance. These communities will have until July 14, 2025, to submit a district compliance application to EOHLC. Communities designated as adjacent small towns still have a December 31, 2025, deadline to submit a district compliance application to EOHLC. 

Following a public comment period, EOHLC filed permanent regulations on March 28, and the Secretary of the Commonwealth published the permanent regulations on April 11. The permanent regulations include updates that allow added flexibility for EOHLC to consider privately owned educational and institutional lands to be part of a district and the insertion of the Table of MBTA Community Categories and Requirements, which was previously Appendix 1 to the Guidelines.    

Multifamily zoning district design is a locally controlled process. More information on community categories, deadlines, and zoning requirements can be found here. 
 

Statements of Support

Clark Ziegler, Executive Director of the Massachusetts Housing Partnership: 

“We are pleased to see how our continued efforts to assist communities in adopting zoning to comply with the MBTA Communities Law is paying off. MHP envisions a commonwealth where everyone has equitable access to a safe, healthy, and affordable home in a thriving community, and will continue to partner with local community leaders to deliver on that vision."

Lizzi Weyant, Deputy Executive Director of the Metropolitan Area Planning Council (MAPC):

“MAPC has been pleased to work with cities and towns all over Greater Boston as they design zoning districts to comply with the law, and even more importantly, to give our employees and kids a place to live. The law is working, communities are adopting multi-family zoning districts, and builders are moving forward with plans to build more homes." 
 

Jesse Kanson-Benanav, Executive Director of Abundant Housing MA: 

“Massachusetts residents are feeling the strain of the current housing crisis every day and we know there simply aren't enough affordable homes. This shortage drives cutthroat competition to buy or rent a home. The MBTA Communities Act helps create the opportunity for teachers, nurses, firefighters and other people who are the backbone of our communities to live in the places they love and serve. When 68 additional communities say 'yes' to new homes, local businesses have more employees and customers, working families can enjoy shorter commutes and more time with loved ones, and we all benefit from more affordable, thriving neighborhoods.”