Judge Dismisses Lawsuits Against MBTA Communities Act
In a significant ruling on Friday, a judge dismissed lawsuits filed by nine Massachusetts towns seeking to avoid compliance with the MBTA Communities Act. The towns—Duxbury, Hamilton, Hanson, Holden, Marshfield, Middleton, Wenham, Weston, and Wrentham—argued that the law imposed an “unfunded mandate” after a state authority determined it would incur additional costs on local governments.
The 2021 MBTA Communities Act mandates cities and towns served by the MBTA to establish at least one zoning district permitting multifamily housing by right, aimed at addressing the state’s housing crisis and limiting rising rental costs. While the Supreme Judicial Court previously upheld the law’s constitutional status, confusion lingered over compliance guidelines.
Judge Mark Gildea ruled that the towns failed to substantiate claims of direct costs tied to the law, remarking that the allegations were speculative and lacked specificity. Ed Augustus, Secretary of Housing and Livable Communities, expressed satisfaction with the ruling, emphasizing collaboration with municipalities to implement necessary zoning changes. Currently, around 75% of affected towns have adopted compliant zoning, signaling progress in addressing Massachusetts’ housing shortage.
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