Massachusetts Attorney General Sues Nine Towns Over MBTA Communities Law Non-Compliance
Massachusetts Attorney General Andrea Campbell has filed a lawsuit against nine municipalities for failing to comply with the MBTA Communities Law, a 2021 measure designed to address the state’s affordable housing shortage. The legal action, announced on Thursday, targets Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop for their “continued noncompliance” with the law.
The MBTA Communities Law requires cities and towns served by the Massachusetts Bay Transportation Authority (MBTA), as well as those adjacent to MBTA communities, to create zoning districts that permit multi-family housing near public transit lines. This initiative aims to increase housing density and accessibility, particularly for those relying on public transportation. “Massachusetts has a housing crisis, and our Commonwealth is unaffordable,” Campbell stated. “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.”
Currently, 165 out of 177 designated MBTA Communities are adhering to the law. According to Campbell, the legislation has already spurred development of approximately 7,000 new homes across the state. However, the law has faced significant resistance in several communities, sparking debate over local control and potential impacts on town character.
In Winthrop, residents have actively campaigned against the requirements for years, expressing concerns about overcrowding in the already densely populated town. “This is not something people are gonna stand for,” one resident, an attorney, told WBZ-TV in 2024. Campbell is seeking a court order compelling the towns to establish zoning districts that align with the law’s provisions. The state previously attempted to incentivize compliance by withholding grant funding. The Massachusetts Supreme Judicial Court affirmed the law’s constitutionality and the Attorney General’s enforcement authority last year.
While these nine towns are facing legal action, Carver, Freetown, and Rehoboth are also currently non-compliant. Campbell indicated a willingness to grant Carver and Rehoboth additional time, as their compliance deadline extends to the end of 2025. Freetown is scheduled to discuss zoning changes at an upcoming meeting, potentially leading to compliance.
Holden officials expressed minimal concern regarding the lawsuit. Town Manager Peter Lukes stated on February 2nd that the Board of Selectmen will vote on a warrant to hold a special town meeting on February 23rd, where residents will have the opportunity to vote on an MBTA Communities Law zoning plan. “Today’s action by the Attorney General is therefore of little concern to Holden with regard to this issue,” Lukes said, adding a pointed remark about the Attorney General’s priorities.
East Bridgewater acknowledged a good-faith effort to comply, having presented zoning amendments at two previous town meetings. However, both attempts were unsuccessful despite support from the Select Board and Planning Board. According to a statement released by legal partner John Clifford of Clifford and Kenny, the town plans to present a third attempt at compliant zoning at the May 2026 Annual Town Meeting. Halifax Town Administrator Steven Solbo stated the town “will respond appropriately based on the advice of counsel,” but declined further comment due to pending litigation.
Wilmington officials anticipated the lawsuit, noting that discussions with the Attorney General’s office indicated this outcome was likely. Town Manager Eric Slagle revealed that a zoning amendment compliant with the law had received preliminary approval but failed to pass at three consecutive town meetings. The Select Board will discuss litigation strategy in executive session.
The legal battles underscore the challenges of implementing statewide housing policies in Massachusetts, where local control and community character are highly valued. The outcome of these cases will likely have significant implications for the future of affordable housing development across the Commonwealth.
