The Massachusetts Supreme Judicial Court last week upheld the constitutionality of the Massachusetts Bay Transportation Authority (MBTA) Communities Act, which mandated zoning changes across the state. Significantly, it was an enforcement action from the state’s attorney general against a town that led to the decision.
The MBTA Communities Act mandates that cities and towns served by MBTA adopt zoning laws allowing for at least one district of multifamily housing “as of right” within a half mile of transit facilities. Designed to increase housing stock and promote transit-oriented development, the act faced resistance when NIMBYs in the Town of Milton rejected a proposed zoning bylaw aimed at meeting these requirements. The attorney general intervened with an enforcement lawsuit against the town, leading to a decisive court ruling.
Much like the rest of the country, Massachusetts faces a growing demand for homes. But outdated and unnecessarily restrictive zoning laws often hinder progress. The MBTA Communities Act hits this problem head-on by mandating municipalities allow higher-density housing near transit hubs. This approach not only increases housing supply but also fosters walkable, sustainable neighborhoods.
The act also includes a provision calling for the state’s attorney general to enforce its rules through legal actions against municipalities.
In supporting this case, the Home Builders and Remodelers Association of Massachusetts, supported by NAHB’s Legal Action Fund, highlighted the broader implications of zoning reform. Housing shortages affect everyone — from young families seeking starter homes to seniors in need of accessible options.
The Supreme Judicial Court’s ruling emphasizes:
This decision creates opportunities to build much-needed homes. Multifamily developments near transit hubs alleviate shortages, boost local economies, and reduce environmental impacts. For home builders, this represents a chance to meet pressing housing needs while supporting sustainable growth.
NAHB stands committed to policies that enable responsible development. This case sets a precedent, showing that zoning reform is a statewide priority essential for addressing housing challenges.
While this ruling is a major victory, the work continues. Municipalities in Massachusetts must align with the MBTA Communities Act, and guidelines must be revised to meet procedural standards.
The case also serves a reminder that passing legislation at the state level does not solve the problem. NIMBYs will always try to find a way to persuade municipalities to not comply. Any efforts at zoning reform must include enforcement mechanisms.
NAHB remains ready to assist in these efforts, advocating for housing solutions that benefit all residents.
The outcome of this case could have far-reaching effects on housing affordability and zoning regulations nationwide. NAHB’s support in this case was provided through the Legal Action Fund at nahb.org/legalfund. Applications for the next cycle of support are due by Feb. 5.
This article is a reprint from NAHB.
My Take: Although this is happening in Massachusetts, it stands as an example of battles faced by our peers right here in North Carolina. The litany of over-confident assertions, and self-entitlement poison coming from NIMBY voices never seems to wane. As such, we must be steadfast in reminding elected officials these voices don’t have the only say in how cities evolve and laws that are in place and meant to shape and manage growth for the benefit of all are there for a reason. We expect policy makers to do what’s best for their constituents and that includes upholding the rights of property owners to utilize and improve their properties.
My favorite line from this article? “Any efforts at zoning reform must include enforcement mechanisms.” It’s so refreshing to hear.
Our World in Data, writes at the beginning of this fascinating report, “It is easy to underestimate how much the world can change within a lifetime. Considering how dramatically the world has changed can help us see how different the world could be in a few years or decades.”
While reading, don’t miss this glimpse of the “Long Term Timelines of Technology” graphic embedded in the article. It is possibly one of the most interesting graphics I’ve seen in a long time. We can’t reprint the copyrighted graphic without permission. But you can click here and get educated, geek out, and learn more.
My Take: If there is an article worthwhile to review as we rush into 2025, it is this one. It’s long but I guarantee you won’t regret the read. I post this because most days I am gravely concerned that our policy making machine continues to ignore the tsunami of evidence about how technology is shaping our near future. We turn a blind eye to the fact that in only 5 – 10 years the way we drive, eat, travel, entertain, cure, and educate may be unrecognizable and we had better take that into account as we plan for even the next few years. The speed of change we’ve seen in just the last 20 years dwarfs the rest of our past since early civilization. Don’t blink, or you’ll wake up 5 years from now and find you’re left behind. My point? Don’t get stuck planning your business strategies by relying on ‘the past trends.’ They have already disappeared.
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