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. This decision has several critical components:
1. Constitutionality of the MBTA Communities Act
The SJC ruled that the Act is constitutional, affirming the state’s authority to mandate zoning changes for the public good. This decision underscores the state's role in addressing the housing crisis and promoting equitable, transit-oriented development. The ruling establishes that towns and cities cannot opt out of complying with the Act, reinforcing that zoning for multi-family housing is a statewide priority tied to broader concerns such as economic growth, environmental sustainability, and social equity.
2. Enforceability of the Act
The SJC clarified that the Attorney General has the authority to enforce compliance with the Act. Municipalities that fail to create zoning districts for multi-family housing risk consequences, such as being disqualified from receiving certain state funding. This sends a strong message to municipalities resistant to change, including Milton, that non-compliance has tangible repercussions.
3. Invalidation of the Implementation Guidelines
While the Act itself was upheld, the court found the implementation guidelines issued by the Executive Office of Housing and Livable Communities (HLC) unenforceable. The court determined that these guidelines were not properly promulgated under the Massachusetts Administrative Procedure Act (APA), which requires agencies to file notices, allow public comment, and provide a detailed regulatory impact analysis. Since HLC did not follow these steps, its guidelines were deemed legally ineffective. This creates a temporary gap in enforcement clarity.
4. State’s Response to Procedural Flaws
The Supreme Judicial Court’s (SJC) ruling highlighted a critical procedural misstep in how the Executive Office of Housing and Livable Communities (EOHLC) implemented the MBTA Communities Act. While the Act itself was upheld as constitutional, the guidelines issued by the EOHLC to enforce the law were deemed unenforceable because they were not properly promulgated under the Massachusetts Administrative Procedure Act (APA). This law sets specific requirements for creating state regulations to ensure transparency, accountability, and public participation.
The Procedural Issue
The SJC found that EOHLC failed to comply with key APA requirements, including:
Formal Notice: Agencies are required to publish official notices announcing the proposed regulations, ensuring stakeholders are adequately informed.
Public Comment Period: The APA mandates a comment period during which municipalities, advocacy groups, and individuals can provide feedback on proposed rules.
Regulatory Impact Analysis: Agencies must evaluate and disclose the potential effects of the regulations, such as economic costs, administrative burdens, and societal benefits, before implementation.
Because the EOHLC did not follow these steps, the guidelines were invalidated. This procedural flaw does not affect the legality of the MBTA Communities Act itself but creates ambiguity for municipalities about how compliance will be evaluated in the absence of enforceable guidelines.
Governor Healey's Emergency Regulations
In response, Governor Maura Healey announced that her administration would file emergency regulations to address the procedural gap and provide immediate clarity to municipalities. Emergency regulations are allowed under Massachusetts law to address urgent needs and can take effect without going through the full APA process. However, they are temporary, typically lasting for 90 days, during which time the state must initiate the standard rulemaking process to make them permanent.
These emergency regulations aim to:
Restore Clarity: Provide municipalities with clear, enforceable rules for how they can comply with the MBTA Communities Act.
Maintain Momentum: Prevent delays in advancing the law’s goals of increasing multi-family housing near transit.
Facilitate Compliance: Address concerns from municipalities like Milton, ensuring they understand their obligations and can move forward without confusion.
Next Steps for the State
After the emergency regulations are issued, the state will need to go through the full APA process to promulgate permanent guidelines. This involves:
Publishing a formal notice of proposed regulations.
Hosting public hearings or accepting written comments to gather input.
Revising the regulations as necessary based on stakeholder feedback.
Finalizing and adopting the regulations through the proper legal channels.
Attorneys have indicated that if the Governor enacts emergency regulations, they are likely to pursue legal action, bringing the issue back to the courts.
Implications for Municipalities
The court's ruling and the Governor’s response signal that while municipalities like Milton are still required to comply with the MBTA Communities Act, the procedural lapse temporarily pauses the strict enforcement of specific metrics or processes outlined in the original guidelines. However, once the emergency regulations are filed, municipalities will again face clear expectations, with the state reinforcing its commitment to the Act’s housing goals.
5. Implications for Affected Municipalities
The ruling directly impacts 177 municipalities, including Milton, which have been identified as MBTA communities. Municipalities that have resisted compliance must now zone for multi-family housing in alignment with the Act. The decision clarifies that while communities cannot avoid their obligations, the state must ensure its implementation process is legally sound. This dual outcome reinforces accountability on both the state and municipal levels.
Overall, the SJC’s ruling is a major victory for housing advocates and a step toward addressing Massachusetts' housing crisis, while also serving as a reminder of the importance of following proper legal and procedural protocols in state governance.
However, communities that did not implement the "mandated" MBTA Communities Act are in a stronger position, as they are not bound by any "guidelines" to follow and are currently in a holding pattern. Those communities who passed zoning amendments are stuck with what they adopted.
The class-action lawsuit against the Commonwealth of Massachusetts, originating from Rockport, is being heard today, Thursday, January 9, 2025. It is hoped that this case will help further limit the impact of the MBTA Communities Act, as the Commonwealth of Massachusetts v. Town of Milton case had a very narrow focus. Additionally, further legal action concerning the MBTA Communities Act may be pursued in the near future depending upon what the Healey Administration does next.