BOSTON — The Executive Office of Housing and Livable Communities today filed emergency regulations with the Secretary of the Commonwealth to support ongoing implementation of the MBTA Communities Law.

The filing comes six days after the Massachusetts Supreme Judicial Court issued an opinion affirming that the state’s MBTA Communities Law is constitutional. The decision affirmed that under the law each of the 177 communities included in the MBTA Communities Law must have at least one zoning district of reasonable size where multifamily housing is permitted as of right. It also affirmed the Attorney General’s right to enforce the law.

As part of the opinion, the court wrote that the previous administration did not correctly advance the guidelines for the law’s implementation. The court directed EOHLC to publish the law’s guidelines in accordance with the Administrative Procedures Act in order for the law to be enforceable. Emergency regulations are in effect immediately and for 90 days. EOHLC intends to adopt regulations permanently following a public comment period.

“These regulations will allow us to continue moving forward with implementation of the MBTA Communities Law, which will increase housing production and lower costs across the state,” said Governor Maura Healey. “These regulations allow communities more time to come into compliance with the law, and we are committed to working with them to advance zoning plans that fit their unique needs. We look forward to soon celebrating more communities joining the 116 that have already said yes to housing.”

“Firefighters, teachers and essential workers deserve to live in the communities they serve,” said Lieutenant Governor Kim Driscoll. “Cities and towns that have taken action recognize that the MBTA Communities Law creates housing opportunities for their residents, and we look forward to supporting communities who have yet to act and help them come into compliance.”

The emergency regulations do not substantively change the law’s zoning requirements and do not affect any determinations of compliance that have been already issued by EOHLC. The regulations do provide additional time for MBTA communities that failed to meet prior deadlines to come into compliance with the law.

“We want to make sure these communities have adequate time to develop their zoning, conduct public engagement activities and bring that zoning to their local legislative bodies,” said Executive Office of Housing and Livable Communities Secretary Ed Augustus. “Local involvement is critical in developing zoning districts that put multifamily housing where communities have determined are the best locations.”

Communities that did not meet prior deadlines must submit a new action plan to the state, outlining their plan to achieve compliance, by 11:59 p.m. on Feb. 13, 2025. These communities will have until July 14, 2025, to submit a district compliance application to the state.

Communities designated as adjacent small towns still have a Dec. 31, 2025, deadline to adopt zoning.

A total of 116 communities have already adopted multifamily zoning districts as a result of the law and more than 3,000 housing units are already in the pipeline to be built in adopted districts.

The MBTA Communities Law (Section 3A of the state Zoning Act) was passed near-unanimously in 2021 by a bipartisan Legislature with the intention of removing exclusionary zoning barriers to housing production. The law requires 177 communities to zone for multifamily housing. It does not require development.

Multifamily zoning district design is a locally controlled process.

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?

They suggest that the rapid implementation of emergency regulations without the standard rulemaking process might be perceived as circumventing procedural norms, potentially inviting further scrutiny and litigation.

It's important to note that while the SJC's ruling affirmed the constitutionality of the MBTA Communities Act, it also emphasized the necessity for proper administrative procedures in establishing enforceable guidelines.

The situation remains dynamic, and municipalities are advised to stay informed about the evolving regulatory landscape and seek legal counsel to navigate compliance effectively.