Advisory Clarifies MBTA Zoning Law: It’s Mandatory

Housing

Lawyers for Civil Rights Commends Attorney General Campbell’s Legal Advisory Clarifying that the MBTA Zoning Law is Mandatory 

Massachusetts Attorney General Andrea Campbell issued an advisory clarifying the legal requirements imposed on towns by the MBTA Communities Law, M.G.L. c. 40A § 3A.  The advisory unequivocally states that “[a]ll MBTA Communities must comply with the Law.”  Compliance is mandatory. 

Lawyers for Civil Rights (LCR) agrees with the advisory and applauds Attorney General Campbell for her decisive leadership on this important issue.  Municipal compliance with the MBTA Communities Law is critical to combatting Massachusetts’ affordable housing crisis.  LCR is prepared to take recalcitrant towns to Court to compel compliance.  If towns don’t comply, they will face litigation brought by LCR. With the advisory now in effect, recalcitrant towns now also face civil enforcement action from the Attorney General’s office.