BOSTON — A coalition of 18 organizations has filed an amicus brief with the Massachusetts Supreme Judicial Court (SJC) defending the MBTA Communities Act and urging the Court to reject the Town of Marshfield’s claim that the law constitutes an unfunded mandate.
Attorneys from Citizens’ Housing and Planning Association (CHAPA), Lawyers for Civil Rights (LCR), and Nixon Peabody LLP submitted the brief, reinforcing prior court rulings and statements from Massachusetts Attorney General Andrea Campbell that compliance with the law is mandatory.
The Town of Marshfield has argued that the MBTA Communities Act imposes financial burdens without providing funding. However, the Massachusetts Superior Court rejected that argument in June 2025, ruling that updating zoning codes and holding town meetings are standard municipal functions and do not create additional costs under the law. The Court characterized a determination by the State Auditor’s Division of Local Mandates (DLM) supporting Marshfield’s position as flawed and legally non-binding.
“CHAPA will continue to support using all the tools Massachusetts has — including the MBTA Communities Act — so everyone can find a safe, affordable home in the community they choose,” said Rachel Heller, chief executive officer of CHAPA. “Complying with this critical legislation puts the Commonwealth on the path to a bright future where everyone can thrive. The majority of MBTA Communities have already done so, with 166 out of 177 communities already in compliance.”
Jacob Love, CHAPA’s general counsel for policy, emphasized that courts have consistently upheld the statute. “Massachusetts courts have repeatedly confirmed that the MBTA Communities Act is the law of the land, and we expect the same outcome this time,” Love said. “No community is exempt from the law. Allowing more homes in all MBTA Communities is a win for Massachusetts residents across the state and will help us meet the Commonwealth’s housing needs.”
Signed into law in 2021 by then-Governor Charlie Baker, the MBTA Communities Act requires municipalities served by the MBTA to establish zoning districts where multifamily housing — including apartments and townhomes — is permitted by right. The goal of the law is to increase housing production, particularly near public transit, and to address longstanding housing shortages across the Commonwealth.
According to housing advocates, nearly 7,000 new homes have already entered the development pipeline in zoning districts adopted under the law, potentially providing thousands of residents — including families, young professionals, and downsizing seniors — with new housing options.
While the law has faced ballot campaigns and multiple legal challenges, public support remains strong. A recent poll conducted by MassINC Polling Group and Abundant Housing Massachusetts found that 79% of voters support building more homes near transit statewide.
“Exclusionary zoning has prevented necessary affordable housing development and perpetuated segregation in Massachusetts for far too long,” said Jillian Lenson, senior attorney at LCR. “All MBTA Communities must comply with their legal obligation to allow for more multi-family housing and open doors for residents who have been unjustly shut out.”
The amicus brief signals continued legal and policy support for the MBTA Communities Act as the case moves forward before the state’s highest court, with housing advocates arguing that consistent enforcement of the law is critical to addressing Massachusetts’ ongoing housing crisis.
