Massachusetts Attorney General Andrea Joy Campbell has taken legal action against nine communities accused of failing to abide by the MBTA Communities Law. According to the statement released by the state's official website, the towns of Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop are being sued for not adhering to the multi-family housing requirements dictated by the law, which mandates MBTA-served communities to allow such housing "as of right" in at least one zoning district.
In her announcement released by the Massachusetts government, AG Campbell emphasized the severity of the housing crisis in Massachusetts and the necessity of multi-family developments for the state's economic and social well-being. She stated, "Massachusetts has a housing crisis, and our Commonwealth is unaffordable. The vast majority of MBTA Communities deeply understand that developing more multi-family housing will improve our ability to attract businesses, retain our families and residents, and ensure that Massachusetts remains the greatest state in the country to live, start a family, and work." It is the Attorney General's stance that the law is not only mandatory but essential for the state's growth.
The MBTA Communities Law, enacted in January 2021, was designed to alleviate the housing shortage by requiring municipalities with MBTA service to establish zoning districts conducive to multi-family housing. A total of 165 out of the 177 communities have reportedly complied with the law. These zones are intended to boost the housing supply and, subsequently, the affordability in areas with access to the state's public transit system. However, the named communities have not established such zones, defying the law's requirements and an advisory from the Attorney General issued in July 2025, warning of potential enforcement actions.
The lawsuit filed seeks a court order to enforce compliance with section 3A of the law, which would require the communities to devise and submit a compliant zoning district to the Executive Office of Housing and Livable Communities (EOHLC). The law, passed with 'overwhelming bipartisan support,' aims to empower cities and towns in dealing with the housing affordability crisis while granting them discretion over the specifics of the zoning districts. Despite the pushback from certain towns, AG Campbell's office, along with EOHLC, has expressed readiness to provide support and guidance to all communities working towards full compliance with the statute and its regulations.
