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Coercion Or Collaboration? Examining the Healey–Driscoll Administration's Tactics In MBTA Communities Act Compliance
The Healy–Driscoll Administration’s use of coercion, such as withholding public safety funds, to enforce MBTA Communities Act compliance has raised serious ethical concerns. This tactic jeopardizes public safety, undermines trust, and alienates communities. Rather than forcing towns to choose between safety and compliance, the state should prioritize collaboration, incentivize good-faith efforts, and address local challenges to achieve housing reform without compromising core community protections. Public safety must remain a non-negotiable priority in governance.
Representative Sweezey Introduces Legislation To Address Flawed MBTA Zoning Mandates
Representative Ken Sweezey (R-Pembroke) has filed a legislative package to address the deeply flawed Multi-Family Zoning Requirements for MBTA Communities. These zoning mandates codified under Section 3A of Chapter 40A of the General Laws [commonly known as the “MBTA Communities Act”] place unnecessary burdens on municipalities, change the character of our towns, and ignore the limitations of local infrastructure.
MBTA Communities Act — Emergency Order
Attorneys familiar with the MBTA Communities Act and the Commonwealth of Massachusetts v. Town of Milton case assert that there is no emergency, and that the Commonwealth is inviting further legal challenges.
Some legal experts argue that this approach may not constitute a genuine emergency and could lead to additional legal challenges.
How can there be an “emergency” when the MBTA Communities Act does not mandate the construction of any developments?
Impacts on SHI With The MBTA Communities Act
The MBTA Communities Act is widely criticized for its negative impact on a community's Subsidized Housing Inventory (SHI), compelling the construction of additional housing to meet the Chapter 40B requirement of having 10% of housing units designated as affordable. As of the most recent publication of SHI percentages, only 20% of communities statewide have met or exceeded the 10% target for Safe Harbor compliance with Chapter 40B, despite the law being in effect for approximately 56 years. This is what happens when the state legislature enacts unfunded mandates which is what Chapter 40B and the MBTA Communities Act are despite what the Governor, Lieutenant Governor, Attorney General, and officials from the Executive Office of Housing and Livable Communities (EOHLC) are portraying to intentionally mislead the public.
SJC Decision On The MBTA Communities Act (Milton Case)
The Massachusetts Supreme Judicial Court (SJC) recently issued a pivotal decision regarding the MBTA Communities Act, which aims to increase housing availability by requiring municipalities served by the MBTA to create zoning districts that permit multi-family housing near transit stations.
The Motivations Of Massachusetts Housing Policies
Gordon Gekko’s infamous declaration, “Greed, for lack of a better word, is good,” epitomizes the mindset that has seeped into housing policy, where profit takes precedence over people. This ideology, embraced by profit-driven developers and supported by policymakers who prioritize economic metrics over human needs, has transformed a housing crisis into a lucrative opportunity for exploitation. Instead of creating genuine solutions that ensure safe, affordable homes for working families, these policies encourage the construction of market-rate units masked as “affordable,” catering to investors rather than communities. The result is a system that exacerbates inequality and displacement, perpetuating the illusion of progress while leaving the most vulnerable further behind.