Court Upholds MBTA Communities Act, Revises Guidelines Needed

The Massachusetts Supreme Judicial Court has upheld the MBTA Communities Act as constitutional, enabling Attorney General Andrea Campbell to enforce it through legal action. However, the court found the current implementation guidelines unenforceable due to non-compliance with the Administrative Procedure Act, as the Executive Office of Housing and Livable Communities failed to file necessary notices and small business impact statements. This ruling comes after the Town of Milton and others challenged the law, which mandates zoning for multifamily housing in areas served by the MBTA. While the court's decision is seen as a victory for the state’s housing development efforts, it requires the state to revise the guidelines before they can be enforced. Governor Maura Healey's administration is expected to issue new guidelines shortly. The decision underscores the mandatory nature of the zoning law, but the delay in enforcement may extend as communities prepare to comply.