SJC Ruling Pauses MBTA Law Enforcement

January 8, 2025
• In the attorney general’s lawsuit against the Town of Milton, the Supreme Judicial Court ruled the state cannot, at the moment, legally enforce that municipalities comply with the zoning requirement.

The Massachusetts Supreme Judicial Court on Wednesday upheld the constitutionality of the MBTA Communities Act but ruled that the law’s guidelines are “unenforceable,” providing noncompliant communities a measure of impunity.

While Attorney General Andrea Campbell wields the power to enforce the law, the Executive Office of Housing and Livable Communities did not follow proper procedure in implementing the guidelines, making them “legally ineffective,” per the SJC ruling.

The ruling suggests that Needham cannot be penalized for noncompliance and might therefore be open to receiving grant funding previously contingent on its compliance.

The town passed multi-family zoning consistent with the MBTA Communities Act at the October Town Meeting, but a citizens’ petition prompted an upcoming special election that placed the town into noncompliance. The referendum on the zoning will be held Tuesday, Jan. 14.

The EOHLC plans to file emergency regulations by the end of the week, which would enable Campbell’s office to enforce the guidelines. That means Needham could be found noncompliant again, as the regulations would take legal effect immediately, Gov. Maura Healey stated.

Town Manager Kate Fitzpatrick reaffirmed that Needham’s referendum will proceed as scheduled next week. Voters will choose to either reaffirm the Town Meeting vote — the “yes” option — or strike down the Neighborhood Housing Plan and restart the zoning process — the “no” option.

In a statement, Fitzpatrick directed residents to voter information on the town’s website.

“The Town will continue to monitor the State’s response to the SJC’s decision, and its impacts to the Town,” Fitzpatrick wrote in a statement.

U.S. Rep. Jake Auchincloss, who represents Needham, has stated he would not allocate federal funds to communities in his district that are out of compliance with the law. The representative’s office declined to comment on the ruling.

The MBTA Communities Act requires 177 municipalities with or near public transit access to establish zoning for multi-family housing. The deadline to comply was Dec. 31. A total 116 communities “have said yes to housing,” Healey said in a statement. Healey said she considers the law “already a success story.”

“This decision is a major victory for our efforts to increase housing across the state and lower costs,” Healey stated.

Prior to the ruling, Needham and 30 other Massachusetts communities were considered out of compliance, carrying the risk of losing out on state funding, according to Campbell’s office. The attorney general sued the Town of Milton for failing to comply last February.

This is a breaking story and will be updated as new information arises.