Massachusetts is in the midst of a housing crisis, and nine towns are now facing legal action for refusing to comply with a law designed to tackle it. In a bold move, Attorney General Andrea Campbell has filed a lawsuit against Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop for failing to adhere to the MBTA Communities Law, a 2021 mandate aimed at increasing affordable housing near public transit. But here's where it gets controversial: while 165 out of 177 designated MBTA Communities are on board, these nine towns have dug in their heels, sparking a heated debate over local control versus state intervention.
The MBTA Communities Law, enacted under former Governor Charlie Baker, requires cities and towns served by the MBTA and adjacent areas to create zoning districts that allow multi-family housing near transit hubs. Campbell argues that this law is crucial in addressing the state’s skyrocketing housing costs and shortages. “Massachusetts is unaffordable, and this law is a critical step toward making housing accessible for more residents,” she stated. So far, the law has spurred the development of 7,000 new homes, but its implementation hasn’t been without resistance.
And this is the part most people miss: the Supreme Judicial Court ruled last year that the law is constitutional and that the Attorney General has the authority to enforce it. Despite this, some towns have pushed back, citing concerns about overcrowding and local autonomy. For instance, residents in Winthrop have been vocal opponents, claiming their densely populated community cannot accommodate hundreds of new residents. “This isn’t something people are going to stand for,” attorney Diana Viens told WBZ-TV in 2024, echoing the sentiment of many locals.
Campbell is now asking the courts to compel these towns to create compliant zoning districts. The state has previously tried to encourage compliance by withholding grant funding, but this marks the first time legal action has been taken. Notably, Carver, Freetown, and Rehoboth are also non-compliant but have been given more time to meet their deadlines or address the issue in upcoming meetings.
The responses from the towns have been mixed. Holden, for example, has downplayed the lawsuit, with Town Manager Peter Lukes stating that the town plans to vote on an MBTA-compliant zoning plan later this month. “We find solace in assuming there must be a massive lack of crime or more serious legal matters for the Attorney General’s office to be pursuing,” Lukes remarked, hinting at skepticism about the lawsuit’s urgency.
East Bridgewater, on the other hand, has defended its efforts, claiming it has made multiple good-faith attempts to pass compliant zoning amendments, only to see them defeated at town meetings. The town has pledged to try again at its May 2026 Annual Town Meeting. But is this enough? Should towns have the final say in zoning decisions, even if it means exacerbating a statewide housing crisis?
This legal battle raises critical questions about the balance between local governance and state intervention in addressing pressing societal issues. As the debate heats up, one thing is clear: the outcome of this lawsuit could set a precedent for how Massachusetts—and potentially other states—handle housing affordability in the years to come. What do you think? Is the MBTA Communities Law a necessary step toward solving the housing crisis, or does it overstep local authority? Let us know in the comments below.
