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Massachusetts SJC upholds MBTA Communities Act again, opening door to more housing reforms

Massachusetts SJC upholds MBTA Communities Act again, opening door to more housing reforms

Rule Changes Boston, MA local

Second high-court ruling rejects home-rule challenge, giving the Legislature a green light on land use

Today: SJC dismisses Marshfield challenge

Overview

Updated 2 hours ago

Massachusetts's Supreme Judicial Court has upheld the MBTA Communities Act for the second time, dismissing the town of Marshfield's claim that the 2021 law violates local home rule. The ruling locks in the state's power to require its 177 MBTA-adjacent communities to zone for apartments and townhomes.

Banker & Tradesman reports the decision gives the Legislature a green light to pursue further land-use reform. With 168 towns already in compliance and more than 10,000 homes in the pipeline, the legal fight is over — the policy one is just beginning.

Why it matters

Massachusetts can keep forcing towns to allow housing — and lawmakers now have a legal green light to mandate even more.

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Key Indicators

177
MBTA communities covered by the law
Towns with MBTA service must create at least one multifamily zoning district as of right.
168
communities in compliance
CHAPA says 168 of 177 covered towns now comply with the act.
10,000+
homes in the pipeline
New homes entered the zoning pipeline under the act as of September 2026, over 1,800 deed-restricted.
2
SJC rulings upholding the act
The court backed the law in both the Milton and Marshfield challenges.

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People Involved

Organizations Involved

Timeline

January 2021 October 2026

7 events Latest: Today
Tap a bar to jump to that date
  1. Milton voters repeal the zoning

    Local Action

    A citizen petition overturns the zoning changes, bringing the town out of compliance.

  2. Milton adopts compliant zoning

    Local Action

    A special town meeting changes Milton's zoning bylaws to comply with the law.

  3. MBTA Communities Act signed into law

    Legislation

    Governor Charlie Baker signs Section 3A, requiring 177 MBTA-adjacent towns to allow multifamily housing as of right.

Scenarios

1

Legislature passes broader zoning and housing reform

Possible Resolves by Jan 15, 2027

Discussed by: Banker & Tradesman, Abundant Housing Massachusetts

With two SJC rulings removing the home-rule and unfunded-mandate objections, lawmakers attach new housing measures to the pending economic development bill or a 2027 vehicle. Proposals include statewide accessory dwelling unit legalization and extending multifamily zoning beyond MBTA communities. Any such bill would face opposition from the MMA and some towns.

2

All 177 covered communities reach compliance

Likely Resolves by End of 2027

Discussed by: CHAPA, Executive Office of Housing and Livable Communities

The Marshfield ruling shuts the door on further legal resistance. Remaining non-compliant towns adopt zoning under repromulgated EOHLC rules, and the state certifies their compliance. The main uncertainty is Milton, whose voters repealed compliant zoning once and could resist again.

3

A town launches a new SJC challenge to the regulations

Possible Resolves by Q2 2028

Discussed by: Massachusetts Municipal Association, legal observers

A non-compliant town challenges the repromulgated EOHLC regulations on administrative grounds — the same argument that voided the original guidelines in the Milton case. Even a favorable court order would likely only delay compliance, not overturn the underlying mandate.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

November 1926

Euclid v. Ambler (1926)

The U.S. Supreme Court upheld a Cleveland suburb's zoning code as a valid exercise of police power, rejecting a developer's claim that zoning confiscated property without compensation. The decision legalized land-use regulation nationwide.

Then

Zoning spread rapidly across American cities over the following decades.

Now

Established that governments, not property owners, decide what can be built where — a power states now wield to override local rules.

Why this matters now

The SJC's rulings apply that same government power in reverse: the state can compel towns to allow housing they would rather block.

1975-1983

Mount Laurel doctrine (1975-1983)

New Jersey's Supreme Court ruled in Mount Laurel I (1975) that growing towns must zone for their 'fair share' of regional housing need, and strengthened the mandate in Mount Laurel II (1983) by requiring non-compliant towns to approve developer proposals.

Then

The doctrine broadened into a statewide mandate via the 1985 Fair Housing Act, which created a council to allocate affordable-housing obligations.

Now

New Jersey remains one of the only states where courts actively require suburban towns to plan for affordable housing.

Why this matters now

Like the MBTA Communities Act, Mount Laurel used state authority to force resistant suburbs to accept multifamily housing — and faced decades of legal pushback.

1982-present

California's builder's remedy (1982-present)

California's Housing Accountability Act lets developers seek streamlined approval for housing projects in jurisdictions that fail to maintain state-approved housing plans. A wave of 'builder's remedy' applications in 2022-2023 forced several Southern California cities to approve denser projects they had opposed.

Then

Cities facing bypass applications moved to adopt compliant housing plans.

Now

Demonstrated that state pressure can move local zoning, but also provoked fierce municipal resistance.

Why this matters now

Shows the range of enforcement tools states can use against non-compliant towns — litigation, as in Massachusetts, or market-driven penalties like California's.

Sources

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