Report by Tom Gorman
The State Supreme Judicial Court today upheld the controversial MBTA Communities Zoning Act that requires communities that have or are near transit lines to create zoning for multifamily housing.
In its decision, the court ruled that the bylaw is not unconstitutional and the attorney general has the right to sue communities that do not comply.
However, the court found that the guidelines are not enforceable because the state did not implement them properly.
The court’s action comes after the state attorney general sued Milton when the town rejected adopting the bylaw. Several other towns followed Milton’s action in rejecting the zoning act.
Governor Maura Healey called the court’s decision a “major victory” in efforts to increase housing in the state.
She noted that one-hundred-sixteen communities have adopted the bylaw and as a result, there are three-thousand new homes in the pipeline.
The governor said she is ready to “work with Milton and all communities” to help them understand how they would benefit from the bylaw and find ways to make housing more affordable.
Officials from the Executive Office of Housing and Livable Communities said they are prepared to file emergency regulations by the end of this week, consistent with the court’s decision.
