The Massachusetts Supreme Judicial Court (SJC) recently upheld the constitutionality of the MBTA Communities Act, affirming that this important legislation can be enforced statewide. For developers, homeowners, and municipalities, this ruling marks a significant shift in how housing development will be guided near public transportation hubs. Here’s what you need to know about this impactful decision and how it could shape future growth.
What Is the MBTA Communities Act?
The MBTA Communities Act, signed into law as part of the 2021 Economic Development Bill, requires municipalities served by the Massachusetts Bay Transportation Authority (MBTA) to create zoning districts that allow for as-of-right multi-family housing development near transit stations. The goal is to increase housing supply, encourage sustainable growth, and improve access to public transportation.
Under the act, qualifying zoning districts must meet several criteria:
- Allow multi-family housing as of right (without requiring a special permit).
- Have a minimum gross density of 15 units per acre.
- Be within a reasonable distance of a transit station.
Why the Supreme Judicial Court Decision Matters
Several communities challenged the constitutionality of the MBTA Communities Act, arguing it violated local control over zoning laws. However, the SJC ruled decisively that the act is constitutional, reinforcing the state's authority to set minimum zoning requirements in the interest of public welfare, economic development, and equitable housing opportunities.
This ruling clarifies that towns and cities must comply with the act to remain eligible for certain state funding programs, including MassWorks and Housing Choice grants. Communities that do not update their zoning codes risk losing access to these critical resources.
Implications for Developers and Homeowners
The enforcement of the MBTA Communities Act creates new opportunities for real estate development near transit hubs. Key takeaways for developers and homeowners include:
- Increased Housing Potential: Developers can now plan multi-family projects in designated zones without the hurdles of discretionary zoning approvals, creating a faster path to new construction.
- Community Impacts: Increased housing density
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116 Communities have already complied with the MBTA Communities Act but there are some holdouts...
