177 Communities Under the Spotlight
Altogether, 177 cities and towns are subject to the MBTA Communities Act. The law applies to municipalities served by, or located near communities served by, the Massachusetts Bay Transportation Authority, which operates much of eastern Massachusetts’ transit network.
The measure, enacted in 2021, requires affected communities to either update their zoning to allow multifamily housing by right or demonstrate that existing rules already meet the law’s standards.
Court Battles and a Clear Signal
The law has stirred fierce opposition, especially in suburban and rural towns beyond Greater Boston. Several communities — including Milton — previously challenged the statute, arguing that the only penalty for noncompliance should be the loss of certain state grants, a consequence they said they were willing to accept.
The Supreme Judicial Court rejected that argument, ruling that adherence to the law is compulsory and confirming the attorney general’s authority to enforce it through litigation.
