AG Campbell And Union, Business, And Housing Leaders Express Support For MBTA Communities Law Ahead Of Arguments In Attorney General v. Town Of Milton

BOSTON — Today, Attorney General Andrea Joy Campbell stood alongside leaders from Abundant Housing Massachusetts, AFL-CIO, Associated Industries of Massachusetts, and Citizens’ Housing and Planning Association to express support for the MBTA Communities Law.

These are just some of the organizations that filed friend of the court briefs supporting the arguments made by the Attorney General’s Office in Attorney General v. Town of Milton, which is set to be heard by the Supreme Judicial Court at 9:00 a.m. today.

The supportive amicus briefs argue that the MBTA Communities Law addresses a longstanding housing crisis that disproportionally impacts marginalized communities, and that any effective workforce and economic development in the Commonwealth requires substantially more transit-oriented housing. Their arguments also support the AGO’s ability to enforce the mandatory law.

“Today marks a pivotal moment to provide further clarity on the MBTA Communities Law as a mandatory tool to address our housing affordability crisis while reinforcing the power of the rule of law in Massachusetts; no one should be able to pick and choose which laws to follow,” said AG Campbell. “There is strong momentum from communities all across the Commonwealth to comply, and I hope the Court will realize the consequences of allowing Milton, which is the only outlier, to remain in noncompliance.”

“We are thousands of homes away from meeting the demand of our current and future residents’ needs. MBTA Communities is a way to unburden and alleviate the pressure on our housing market,” said Abundant Housing Massachusetts Executive Director Jesse Kanson-Benanav. “We are proud to support AG Campbell to ensure every community is doing its part to address this crisis.”

“Transit-oriented affordable housing is essential to retaining Massachusetts workers and meeting our economic development goals,” said Massachusetts AFL-CIO President Chrissy Lynch. “As the state’s largest labor organization, it is incumbent upon us to ensure that working families have access to adequate housing, public transportation, and good jobs. That’s exactly what this law does.”

“Our businesses thrive when workers are able to live in the communities they work in,” said President and CEO of Associated Industries of Massachusetts Brooke Thomson. “Healthy economic development depends on housing affordability in every region, especially Greater Boston, which is why the Boston Chamber of Commerce is proud to support AG Campbell in this crucial fight.”

“The MBTA Communities Law clearly indicates that compliance is mandatory,” said Citizens’ Housing and Planning Association CEO Rachel Heller.  “For too long, zoning has been used to say no to housing production, and we are feeling the effects of these policies today with some of the highest rents and home prices in the nation. The Legislature passed this law so that communities put zoning in place for the additional homes that people, our communities, and our economy need to thrive. Enforcement of the law is vital to the Commonwealth’s future.”

Last week, AG Campbell joined the Healey-Driscoll Administration to celebrate the statewide momentum behind the MBTA Communities Law. There are now 76 communities across the state acting in good faith to comply with the law, including 36 fully compliant communities with approved zoning plans. Of the communities that have voted to date, 85% have supported compliance. Another wave of compliance is expected this fall.

In March 2023, the AGO issued an advisory to clarify requirements for cities and towns under the mandatory MBTA Communities Law. In addition to its enforcement responsibilities, the AGO continues to work collaboratively with communities seeking to reach compliance, including by providing resources, assisting with technical assistance referrals, and offering consultations for communities seeking feedback on proposed zoning plans.

The Town of Milton is the only municipality covered by the MBTA Communities Law to have missed its final deadline for compliance. While the Town developed a compliant zoning district to submit to the state, voters in the town overturned it in February 2024. AG Campbell filed a lawsuit against the town for failure to comply with the law and is seeking a court order to require the Town to come into compliance.

The MBTA Communities Law, passed overwhelmingly in 2021, is a bipartisan law that addresses the Commonwealth’s housing affordability crisis by requiring municipalities within the MBTA’s service area to have at least one zoning district of reasonable size in which multi-family housing is permitted as of right. The law gives considerable discretion over the location and size of the new zoning district. 177 towns and cities are subject to the law.

###