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Massachusetts Attorney General Sues Milton for Non-Compliance with MBTA Communities Housing Law

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Published on February 27, 2024
Massachusetts Attorney General Sues Milton for Non-Compliance with MBTA Communities Housing LawSource: Google Street View

Boston's top prosecutor is cracking down on suburban resistance to statewide housing initiatives. Attorney General Andrea Joy Campbell just hauled the Town of Milton to court for snubbing a state law that demands communities serviced by the Massachusetts Bay Transportation Authority (MBTA) allow for multi-family housing development. Milton had a blueprint for such a district but local voters axed it in a recent referendum, prompting Campbell's legal move.

In a lawsuit filed in the Supreme Judicial Court for Suffolk County, officials are pushing for the court to make Milton fall in line with the so-called MBTA Communities Law, which was passed in a bipartisan effort back in 2021. Approximately 177 communities are supposed to ride along with this law, and a dozen had until the end of 2023 to whip up a compliant zoning district. In a twist of events, Milton voters chose to reject the town's plan in February. As per Mass.gov, AG Campbell said, "The housing affordability crisis affects all of us: families who face impossible choices between food on the table or a roof over their heads, young people who want to live here but are driven away by the cost, and a growing workforce we cannot house."

Gov. Maura T. Healey has thrown her weight behind the Attorney General, emphasizing the importance of community participation in tackling the housing crunch. "I'm grateful to Attorney General Campbell and her team for taking this important step today to enforce compliance with the MBTA Communities Law. This is not just about one community – but about the future of our workforce, our economy, and our entire state," Healey backed her up.

The Executive Office of Housing and Livable Communities chimed in, with Secretary Ed Augustus highlighting the office's commitment to cooperating with Milton to ensure they align with state mandates. "Compliance with the MBTA Communities Law is mandatory," Augustus flag-stated and added, "The Attorney General is keeping her commitment to the people of Massachusetts by upholding the law. It’s the right thing to do for the town of Milton and Massachusetts."

The law aims to tackle the dire housing shortage that's pegging back working families, particularly affecting young professionals and communities of color. It mandates creating housing that's not just affordable but also suitable for families with children and not age-restricted. Assistant Attorneys General Eric Haskell and Erin Fowler, along with Jonathan Burke of the Civil Rights Division, are handling the case, with a support crew of paralegals and legal interns.