Press Release: 2024-10-01

More Than 70 Organizations Support Attorney General Campbell's Enforcement of MBTA Communities Law

 



Amicus Briefs State that the MBTA Communities Law is a Critical Tool to Address the Housing Affordability Crisis



FOR IMMEDIATE RELEASE:



9/30/2024



BOSTON — In Attorney General v. Town of Milton, in which the Attorney General’s Office (AGO) sued the Town of Milton for its noncompliance with the MBTA Communities Law, more than 70 organizations, representing unions and the legal, business and housing industries, have joined amicus briefs in support of the arguments made by the AGO and the Executive Office of Housing and Livable Communities. The Supreme Judicial Court has scheduled oral arguments in Attorney General v. Town of Milton for October 7, 2024, at 9:00 A.M. in the John Adams Courthouse. 



“I am grateful to this extremely diverse coalition for joining our efforts to implement the MBTA Communities Law, a tool we all recognize is critical in addressing the Commonwealth’s housing affordability crisis,” said Attorney General Andrea Joy Campbell. “This crisis affects our young, our elders, our families, our public servants, our businesses and our national standing. I remain grateful to all the communities that have and are working hard to come into compliance to ensure Massachusetts remains a thriving, inclusive, and prosperous Commonwealth.” 



"We are proud that such a diverse group of organizations has come together in support of the MBTA Communities Law," said Ed Augustus, Secretary of Housing and Livable Communities. “Local leaders are working hard to remove longstanding barriers to multifamily housing and are choosing to create new housing opportunities and vibrant communities for their residents and neighbors. Today’s announcement is a recognition of their hard work and progress.” 



The MBTA Communities Law, passed overwhelmingly in 2021, is a bipartisan law that addresses the Commonwealth’s housing affordability crisis by requiring municipalities within the MBTA’s service area to have at least one zoning district of reasonable size in which multi-family housing is permitted as of right.  



177 towns and cities are subject to the law, and 12 of those, categorized as rapid transit communities and including the Town of Milton, had a deadline of December 31, 2023 to submit a district compliance application to the Executive Office of Housing and Livable Communities (EOHLC). In December 2023, Milton’s Representative Town Meeting enacted an “MBTA Communities Multi-family Overlay District” to submit to EOHLC, but in a February 2024 referendum, voters in the Town overturned the December town meeting vote. That same month, AG Campbell filed a lawsuit seeking a court order to require the Town of Milton to come into compliance.  



The supportive amicus briefs argue that the MBTA Communities Law addresses a longstanding housing crisis that disproportionally impacts marginalized communities, and that any effective workforce and economic development in the Commonwealth requires substantially more transit-oriented housing. Their arguments also support the AGO’s ability to enforce the mandatory law. 



The following organizations have filed briefs in support of AG Campbell and the Executive Office of Housing and Livable Communities:  




  • Abundant Housing (AHMA), joined by Marblehead Housing Coalition, Housing 4 All Gloucester, Homes 4 All Ipswich, Winthrop Working Together, A Better Cambridge, Housing Medford, Norwood for All, Engine 6, Somerville YIMBY, Affordable Inclusive Milton, Dorchester Growing Together, WalkUP Roslindale, Brookline for Everyone, Housing for All Watertown, Waltham Inclusive Neighborhoods, Belmont Town of (More!) Homes, Dr. Chris Herbert, Dr. Jenny Schuetz, and Professor John Infranca 

  • Central Massachusetts Housing Alliance, joined by the Greater Boston Latino Network, Inquilinos Boricuas en Acción, Haitian-Americans United, and Immigrant Family Services Institute 

  • Citizens’ Housing and Planning Association, joined by the Engine 6 Newton Housing Advocates, Disability Policy Consortium, Metropolitan Boston Housing Partnership, Housing Medford, Building a Better Wellesley, Greater Boston Real Estate Board, Preservation of Affordable Housing, Affordable Inclusive Milton, Home Builders and Remodelers Association of Massachusetts, Metro West Collaborative Development, Greater Boston Interfaith Organization, Massachusetts Association of Realtors, The Community Builders, Charles River Regional Chamber, Massachusetts Association of Community Development Corporations, WinnDevelopment Company Limited Partnership, Planning Office for Urban Affairs, Massachusetts Housing Finance Agency, Eastern Bank, 2Life Communities, Revere Housing Coalition, Action Housing for All, United Way of Massachusetts Bay, Massachusetts Business Roundtable, B’nai B’rith Housing New England, Beacon Communities, Black Economic Council of Massachusetts, Capstone Communities, Belmont Town of (More!) Homes, Redgate Capital Partners, Community Economic Development Assistance Corporation, and Harborlight Community Partners 

  • Former Attorneys General of MassachusettsFrancis Bellotti, James Shannon, and Scott Harshbarger 

  • Homes for All Massachusetts and Transportation for Massachusetts 

  • Massachusetts AFL-CIO 

  • Massachusetts Housing and Shelter Alliance, joined by the Planning Office for Urban Affairs, Father Bill’s & MainSpring, and United Way of Massachusetts Bay 

  • Massachusetts Housing Partnership 

  • Metropolitan Area Planning Council, joined by the American Planning Association and the Massachusetts Association of Regional Planning Agencies 

  • NAIOP 

  • Pioneer Public Interest Law Center, joined by Associated Industries of Massachusetts

    • A motion to add the Boston Chamber of Commerce is on file 



  • Real Estate Bar Association 



AG Campbell has issued an advisory as a resource to help all covered cities and towns comply with the law.