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SJC: MBTA Communities Act is legal, but ‘presently unenforceable’
The state will file emergency regulations by Friday "consistent with the court's decision" after the SJC called the current guidelines ineffective.
The state’s highest court ruled that the controversial MBTA Communities Act can be legally enforced by the state, but both sides considered Wednesday’s decision a win after the Supreme Judicial Court called the state’s current guidelines “unenforceable.”
The SJC said in a decision Wednesday that the MBTA Communities Act, which mandates commuting communities to rezone for multi-family housing, is constitutional, and Attorney General Andrea Campbell “has the power to bring suit” to enforce the act, Chief Justice Kimberly Budd wrote.
However, the state’s Executive Office of Housing and Liveable Communities, which determines zoning compliance, failed to comply with the Administrative Procedure Act by not filing a notice of proposed regulation and a small business impact statement, Budd wrote.
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“(EOHLC) failed to take either of these necessary steps,” Budd wrote. “Because (EOHLC’s) current guidelines were not promulgated in accordance with the APA, we declare them ineffective and, as such, presently unenforceable.”
The SJC heard the case after the Town of Milton, near the Mattapan Trolley, launched a legal battle last year to fight against compliance. Since they failed to comply with zoning changes, Campbell filed suit against the town, and in February of last year, Milton began to miss out on state grants, according to Kevin Martin, who represented Milton in front of the court. Martin said the state “was wrong” to withhold funding from Milton because the guidelines were ruled ineffective by the SJC.
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“The SJC’s decision for Milton also has wider implications, confirming that state agencies are not free to ignore the impact of their regulations on small businesses and local government finances,” Martin said. “The SJC also left open important substantive questions, such as whether the Mattapan Trolley is a subway, that affect how much housing Milton must include in its multi-family district.”
The EOHLC will file emergency regulations by Friday, the office said in a statement, “consistent with the court’s decision.” Those regulations will be effective immediately.
“We hope that in issuing new Guidelines, the state takes account of the many serious substantive concerns raised by Milton and other affected communities,” Martin said.
Campbell said in a statement that her office will work with the EOHLC “to assist with the issuance of regulations.” But, Governor Maura Healey and Campbell both called the consequential decision a major victory.
“The state’s highest court has made clear that communities subject to the law must allow for additional, responsible development — and that the law is mandatory, not voluntary,” Campbell said. “I applaud the residents, municipal officials, and communities that have already adopted zoning to help relieve our statewide housing crisis.”
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Healey noted that 116 communities out of 177 have already complied with MBTA Communities Act, resulting in 3,000 new homes “in the pipeline – and those numbers are going to continue to grow.”
“We stand ready to work with Milton and all communities to help them understand how we will all benefit from the MBTA Communities Law and find ways for them to meet their unique housing needs,” Healey’s statement said.
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