12 Towns Must Comply with the MBTA Communities Zoning Law
Lawyers for Civil Rights (LCR) sent demand letters to twelve Massachusetts towns that continue to resist complying with the MBTA Communities Zoning Law. This historic law, enacted to help alleviate Massachusetts’ severe housing crisis, requires all covered jurisdictions to allow multi-family housing. Last year, the Massachusetts Supreme Judicial Court held that the law is mandatory for all covered municipalities. Yet twelve towns still refuse to comply:
- Carver
- Dracut
- East Bridgewater
- Freetown
- Halifax
- Holden
- Marblehead
- Middleton
- Rehoboth
- Tewksbury
- Wilmington, and
- Winthrop
The towns’ lawless conduct harms Massachusetts residents and communities, particularly low-income families. “All of the noncompliant towns are highly segregated, with white populations of 80% or more. The towns’ refusal to comply with the law perpetuates pervasive racial segregation and illegally prevents critical housing opportunities for Massachusetts residents of color,” said Jillian Lenson, Senior Attorney at LCR.
The law aims to increase the availability of affordable housing by requiring towns near MBTA service to provide a multi-family zoning district of “reasonable size.” The law set clear timelines, culminating in final deadlines in December 2025.
With final deadlines now passed, LCR is demanding that the twelve noncompliant towns stop violating the law. Our message is clear: if the municipalities do not take swift action to comply with the law, they risk legal consequences. The Massachusetts Office of the Attorney General has also said that it is prepared to pursue enforcement action against defiant towns.
LCR has been a leader in advocacy around this landmark law since its passage, and has fought—through litigation and court filings—to secure compliance since the law’s initial deadlines.
“Towns that refuse to comply with the law are deepening segregation, perpetuating decades of exclusionary zoning, and shutting hard-working families out of affordable housing. The MBTA Communities Zoning Law was enacted to reverse these harms, and towns cannot simply opt out,” added Brooke Simone, Staff Attorney at LCR.
LCR’s demand letters are available here.