Nine Massachusetts towns are being sued for not complying with the MBTA Communities Law.
Attorney General Andrea Campbell announced Thursday she has filed a lawsuit against Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington and Winthrop “for their continued noncompliance” with the law that is designed to increase affordable housing in the state.
The law enacted in 2021 under former Gov. Charlie Baker’s administration requires cities and towns served by the MBTA, as well as adjacent communities, to create zoning districts that allow for multi-family housing near public transit.
“Massachusetts has a housing crisis, and our Commonwealth is unaffordable,” Campbell said in a statement. “While bringing a lawsuit is never my first choice, courts have consistently ruled that compliance with this law is mandatory, and the urgency of our housing shortage compels me to act to ensure that all MBTA Communities meet their legal responsibilities.
MBTA Communities Law
So far, 165 out of 177 designed MBTA Communities are complying with the law. Campbell says the law is responsible for getting the ball rolling on 7,000 new homes in the state. But it has proved controversial in several cities and towns.
Some Winthrop residents have been campaigning against the requirement for years, saying there’s not enough space for hundreds of new people in the extremely dense community.
“This is not something people are gonna stand for,” attorney Diana Viens told WBZ-TV in 2024.
Campbell is asking the courts to order the towns to create zoning districts that comply with the law. The state has previously tried to get cities and towns to comply by pulling grant funding.
The Supreme Judicial Court ruled a year ago that the law is constitutional, “and that the Attorney General has the power to enforce it.”
“After five years, it is past time to follow the law,” Campbell said.
Carver, Freetown and Rehoboth are also not in compliance with the law, but they are not being sued at this time. Campbell said she wants to give Carver and Rehoboth more time because their deadline for compliance was at the end of 2025, while Freetown has an upcoming meeting on zoning where they could agree to comply.
Holden says lawsuit “of little concern”
Holden Town Manager Peter Lukes said that on February 2, the Board of Selectmen is scheduled to vote on issuing a warrant to hold an upcoming special town meeting. Town meeting voters would be able to vote to accept or reject an MBTA Communities Law zoning plan during the town meeting on February 23.
“Today’s action by the Attorney General is therefore of little concern to Holden with regard to this issue,” Lukes said. “Although Holden is not taking any action to respond to the Attorney General’s complaint at this time, we find solace in assuming that there must be a massive lack of crime or more serious legal matters for the Attorney General’s office to be pursuing.
John Clifford, legal partner for Clifford and Kenny, issued a statement on behalf of East Bridgewater.
“East Bridgewater has in fact made a good faith effort to comply with the MBTA Zoning Act by bringing zoning amendments to two (2) town meetings in an effort to bring East Bridgewater into compliance. Those zoning amendments were defeated at both town meetings, despite support of the Select Board and Planning Board,” the statement said. “In October, the Town notified the Attorney General’s office that we would make yet a third attempt at passage of compliant zoning at the May, 2026 Annual Town Meeting. While the warrant for that town meeting is still being drafted, there will be articles on that warrant that, if approved, will bring East Bridgewater into compliance.”
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