BOSTON (WHDH) - Massachusetts Attorney General Andrea Campbell is suing nine communities for not complying with the MBTA Communities Act.
The attorney general’s office announced that Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop have not adopted zoning regulations allowing for more multifamily housing near public transit hubs, as required under the law.
The MBTA Communities Act, signed by Gov. Charlie Baker in 2021, required designated municipalities to implement compliant zoning by July 14, 2025. One-hundred and sixty five out of the 177 communities have adopted the required zoning changes.
“Right now Massachusetts is in a housing crisis and we know that the MBTA Communities Act is one tool that is effective to bring about more housing and it is mandatory,” Campbell said. “We hope with this lawsuit that they will come into compliance, and of course we’ll continue to work with these municipalities to bring them into compliance.”
Leaders in Middleton argue they should be exempt from the law. Town Administrator Justin Sultzbach said Middleton does not object to the legislation itself, but argues the town is not close to public transit. Residents must drive to Wilmington or Newburyport to reach the nearest commuter rail stations.
“We are actually the only adjacent community that isn’t adjacent to the MBTA on the entirety of the map,” Sultzbach said.
He said Middleton’s designation dates back to a 1960s law that identifies 51 cities and towns as MBTA communities.
“Middleton got wrapped up in the law and I don’t know if the intention was in the ‘60’s that they were going to extend the commuter rail, provide additional service, or they thought Middleton would become more built up,” he said.
Sultzbach said town officials have urged the state to revisit the designation, but have not received a response. The Executive Office of Housing and Livable Communities said their last correspondence with Middleton was in October.
Other communities not in compliance, like Wilmington, are raising concerns about interference with local zoning authority. Town Manager Eric Slagle said concerns about state overreach and skepticism about the law’s effectiveness fueled opposition.
“I think interference with our local zoning authority, along with a lack of confidence in the legislation, made people feel like the state was being a bit of a bully and wasn’t going to solve any of the problems that the legislation was supposed to solve,” Slagle said.
The attorney general’s office said the state has worked with municipalities to craft zoning reforms tailored to each community.
Wilmington and Middleton have lost state grants for affordable housing, education, first responders, and senior citizens due to noncompliance.
Both communities say they are still working to address the housing crisis. Wilmington is constructing two affordable housing projects, while Middleton recently permitted a 60-unit downtown development that includes affordable units. The town has also established an affordable housing trust and is looking at denser development options.
“A vast majority of our police and fire department members can no longer afford to live in town,” Sultzbach said. “They can’t even afford to live in the next town over, and so we’re looking at increased callback rates. Things like that have really incentivized us to move the needle.”
The lawsuit comes as new analysis suggests the five-year-old law has produced modest gains. Research done by Boston Indicators found the act has led to nearly 7,000 housing units built or in progress. That represents about a one-percent increase in the total number of homes across the 177 communities.
The Executive Office of Housing and Livable Communities says “this number will continue to grow as communities have more time to develop their districts.”
Boston Indicators researcher Amy Dain said the limited impact reflects the scale of the longstanding housing shortage.
“The rezoning covered one percent of the land area of the region because they only allowed moderate density,” Dain said. “It’s a step in the right direction. For sure more needs to be done, but this accomplishment I think sets the stage for further reform.”
Critics argue that solving the housing crisis requires improving public transit and stronger incentives for developers to include affordable units in new projects.
“For me personally as a parent of three young kids, I’m looking at the unfortunate reality that they might not be able to afford to raise a family in Massachusetts,” Sultzbach said. “That is petrifying and endlessly frustrating to me as a parent and as a multi-generational resident of the Bay State.”
Campbell said enforcing the MBTA Communities Act is a critical step in ensuring residents can afford to remain in Massachusetts.
“We live in the best state in the country and it’s because of the people that make this state so great,” she said. “In order for them to remain here — our elders, our first responders, students, young families — we have to get a handle on this housing crisis.”
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