Nine Towns Sued Over Housing Compliance
Massachusetts Attorney General Andrea Joy Campbell has filed a lawsuit against nine communities for failing to comply with the MBTA Communities Law, a statewide zoning reform aimed at tackling the Commonwealth’s housing shortage by requiring municipalities served by the Massachusetts Bay Transportation Authority (MBTA) to permit multi‑family housing “as of right.” The lawsuit, filed on Jan. 29, 2026, marks a significant escalation in the state’s enforcement efforts five years after the law was enacted with bipartisan support.
Under the MBTA Communities Act of 2021, cities and towns within the MBTA’s service area — including areas along subway lines, commuter rail, bus, and ferry routes — must establish at least one zoning district where multi‑family housing is permitted as of right (i.e., without special permits or variances) and meets certain density criteria. The law was passed to spur housing production in a region where housing affordability and availability challenges have worsened as demand outstrips supply, particularly near transit hubs where residents can access jobs and services.
The lawsuit names the nine noncompliant communities: Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop. These towns were required to institute compliant zoning districts and submit applications to the Executive Office of Housing and Livable Communities (EOHLC) by July 14, 2025, a deadline that has long passed without each of the municipalities meeting the requirements.
Campbell’s complaint, filed in Suffolk Superior Court, seeks injunctive and declaratory relief — namely a court order directing each town to create zoning that complies with Section 3A of the law and to officially submit compliance applications. In her press release announcing the action, Campbell emphasized that “courts have consistently ruled that compliance with this law is mandatory,” citing past judicial decisions that upheld the law’s constitutionality and enforcement authority, including a Supreme Judicial Court ruling involving the town of Milton.
The MBTA Communities Law was designed with flexibility — towns can choose where and how to meet the requirement — but critics have repeatedly fought its mandates through local votes and legal challenges. In Milton, residents rejected a compliant zoning plan in 2024, leading to litigation that went to the Massachusetts Supreme Judicial Court, which reaffirmed that the law is enforceable and towns cannot opt out merely by voter referendum.
Massachusetts officials say that 165 of the 177 communities subject to the Act have come into compliance, and the law has already catalyzed zoning changes tied to housing projects encompassing nearly 7,000 new homes across 34 communities. These changes are seen as part of a broader strategy to relieve housing cost pressures and increase access to homes near transit.
Some of the nine communities targeted by the lawsuit have responded to the enforcement action with mixed reactions. For example, Holden officials have said the lawsuit shouldn’t significantly deter the town’s ongoing efforts, noting a special town meeting is being scheduled for Feb. 23, 2026 that could address zoning changes. Other towns have voiced concerns that the law’s requirements could strain local infrastructure or conflict with local planning priorities.
The lawsuit underscores the tension between state housing objectives — intended to combat affordability and supply issues — and local control of zoning and development, a perennial flashpoint in Massachusetts politics. The state’s willingness to pursue legal action against communities that have resisted zoning changes indicates a firm enforcement stance, driven by longstanding housing shortages and a legislative mandate that housing proponents view as essential for the region’s economic and social health.
⚖️ Key Legal Outcomes
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Massachusetts AG Andrea Campbell filed suit against nine towns for failing to comply with the MBTA Communities Act’s zoning requirements.
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The complaint seeks court orders compelling each town to create compliant zoning districts and submit applications to the Executive Office of Housing and Livable Communities.
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The targeted municipalities missed the July 14, 2025 deadline for zoning compliance under the 2021 housing law.
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The lawsuit follows a Massachusetts Supreme Judicial Court ruling that reaffirmed the law’s constitutionality and enforced compliance authority.
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Most MBTA communities — 165 of 177 — have complied, triggering zoning changes tied to nearly 7,000 homes developed or planned.
⭐ Why It Matters
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Housing crisis response: The lawsuit reinforces the state’s push to address severe housing shortages and affordability issues.
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State vs. local authority: It highlights ongoing conflicts between state housing mandates and local zoning autonomy in Massachusetts.
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Enforcement precedent: Legal action signals that the state will use the courts to enforce broad housing policy goals when voluntary compliance fails.
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Economic implications: Zoning changes near transit can shape future housing supply, transit use, and regional economic growth.
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Public accountability: The suit reflects the legal and political consequences for municipalities that resist changes tied to state‑level priorities.
