MBTA Communities Act: Next Steps
Sherin and Lodgen LLP
Complex Law. Clear Guidance - Real Estate | Litigation | Business Law | Employment
By Wyatt Shea
Massachusetts SJC Upholds MBTA Communities Act on Constitutional Grounds, but Rules Ineffective on Procedural Grounds
Background
If you already have the background, please jump to the end of this article for a discussion of next steps.
The MBTA Communities Act (“§ 3A” or the “Act”) was established in response to the ongoing housing crisis in Massachusetts.[1] Among other things, the law requires cities and towns with access to MBTA services to implement zoning laws that allow for at least one district of multifamily housing “as of right” near local MBTA stations.[2] Under § 3A, each MBTA community[3] must maintain multifamily housing districts of “reasonable size,” in addition to other requirements set forth in the statute: such districts must meet a minimum gross density measurement of 15 units per acre; be located not more than 0.5 miles from an MBTA facility (commuter rail, subway, ferry, or bus station, as applicable); and must be suitable for families with children and must not contain age restrictions.[4]
MBTA communities that do not comply with § 3A are ineligible for certain State funding sources—such as the Housing Choice Initiative, the Local Capital Projects Fund, the MassWorks infrastructure program, and the HousingWorks infrastructure program—but notably, a municipality cannot simply choose not to comply with § 3A.[5] The plain language of the statute requires compliance: “municipalities shall have a zoning ordinance or by-law that provides for [multifamily housing as of right].”[6]