Latest news with #MBTACommunitiesLaw
Yahoo
2 days ago
- Business
- Yahoo
Judge throws out ‘unfunded mandate' lawsuits over MBTA Communities Act
Multiple lawsuits against the state filed by towns trying to avoid following the MBTA Communities Act were dismissed by a judge Friday. Nine towns — Duxbury, Hamilton, Hanson, Holden, Marshfield, Middleton, Wenham, Weston and Wrentham — filed lawsuits earlier this year after the state Division of Local Mandates determined the law was an 'unfunded mandate.' The cases were the latest in a history of challenges to the 2021 law, which requires towns and cities served by the MBTA to update their zoning to allow more multifamily housing. 'We are pleased the courts have again affirmed the intent of the MBTA Communities Law, and we look forward to working with the remaining communities to complete their zoning changes,' Housing and Livable Communities Secretary Ed Augustus said in a statement. 'Massachusetts' housing shortage has led to unaffordable prices and rising rents, but the MBTA Communities Law is working to deliver new housing where it's needed most and to bring down the cost of housing for all residents.' The MBTA Communities Act requires 177 cities and towns served by the MBTA to create at least one zoning district where multifamily housing is allowed by right. The goal of the law was to reduce barriers to new housing development and relieve pressure on the expensive local housing market, though no housing is guaranteed or required to be built. In a January ruling, the Supreme Judicial Court upheld the law as constitutional and mandatory, though the court said the compliance guidelines had not gone through the correct legal process and were, therefore, unenforceable. Since then, the state has released new, emergency guidelines, giving noncompliant towns until July 14 to comply. Under the Local Mandate Law, since 1980, any state law or regulation that would impose more than 'incidental administration expenses' on local governments must either be fully funded by the state or be conditional on local acceptance of the rule. In October, the Wrentham Select Board requested the Division of Local Mandates determine whether the MBTA Communities Act violated this law. In February, DLM Director Jana DiNatale confirmed that she believed it did. She wrote in a letter to the town's Select Board that grants the state has offered towns to help them develop new zoning and accommodate new housing development showed that the law did impose additional costs, but did not fully fund its local implementation. However, the DLM determination, unlike the January Supreme Judicial Court ruling, did not immediately make the law unenforceable. In his Friday decision, Super Court Judge Mark Gildea wrote that he disagreed that any of the towns had demonstrated any direct costs associated with following the law. The nine towns had listed anticipated impacts to infrastructure, public safety and other municipal services related to new housing development, but Gildea said these were speculative and indirectly, not directly, related. 'The Municipalities have neither pled specific costs for anticipated infrastructure costs, nor provided any specific timeline for anticipated construction projects,' he wrote. 'Instead, the only allegations and averments before the court are generalized comments about large-scale issues they foresee.' Last week, the Executive Office of Housing and Livable Communities announced that 133 cities and towns, or about 75% of those affected by the MBTA Communities Act, had passed new zoning meant to comply with the regulations. Zoning changes under MBTA Communities Act spurs 3K new houses - so far Middleborough sues state over MBTA Communities: 'One size does not fit all' Mass. AG Campbell says 'unfunded mandate' determination won't stop MBTA Communities Read the original article on MassLive.
Boston Globe
2 days ago
- Business
- Boston Globe
Towns lose their latest challenge to controversial state housing law
'The Municipalities have neither pled specific costs for anticipated infrastructure costs, nor provided any specific timeline for anticipated construction projects,' Gildea wrote in the ruling. 'Instead, the only allegations and averments before the court are generalized comments about large-scale issues they forsee, which are insufficient to sustain the Municipalities' claims.' The ruling is the latest legal blow to towns that have sought to avoid passing new zoning rules under the four-year-old MBTA Communities Act. Advertisement Last year, the Supreme Judicial Court The suits Gildea dismissed Friday were filed after State Auditor Diana DiZoglio's office Advertisement Gildea rejected that opinion in his ruling. He also said towns had misinterpreted the auditor's opinion by making broad claims about infrastructure costs under the law, when the opinion instead focused on the administrative costs associated with designing and passing new zoning rules. 'We are pleased the courts have again affirmed the intent of the MBTA Communities Law, and we look forward to working with the remaining communities to complete their zoning changes,' Housing Secretary Ed Augustus said in a statement Friday. Of 177 municipalities covered by the law, 134 have now passed new multifamily zoning, and more than 4,000 units of housing are in the development pipeline in those districts, state officials said. Housing advocates — who view MBTA Communities as one of the state's more consequential housing laws of the last several decades — celebrated the ruling Friday, saying it clears the path for the law to move forward. 'Today's ruling is a great victory for all Massachusetts residents, but particularly the communities of color and low-income individuals hardest hit by the affordable housing crisis,' said Jacob Love, Senior Attorney at Lawyers for Civil Rights, a legal advocacy groups that has sued towns for defying MBTA Communities. 'Increasing multi-family housing stock is critical to advancing fair housing in the Commonwealth and this decision preserves one of the most important tools we have in the fight for housing equity.' Andrew Brinker can be reached at
Yahoo
24-04-2025
- Business
- Yahoo
Holyoke developer lands state backing for 14 new units on Lyman Street
HOLYOKE — With help from the state, a developer will create 14 apartments in downtown Holyoke, part of a $18 million package of grants announced this week by Gov. Maura Healey. The state funding will help build 288 new housing units in six Gateway Cities across Massachusetts. C Elliott Developers LLC received $952,000 to create housing units at 174 Lyman St. in Holyoke. The awards are the last round of Housing Development Incentive Program (HDIP) grants for 2024. This year, a record number of new homes were built after Healey increased HDIP funding from $10 million to $30 million a year. Healey also added $57 million as part of a $1 billion tax cuts package signed in October 2023. Overall, the administration awarded $72 million to create 1,544 new housing units in Gateway Cities in 2024. In a statement, Healey said the incentive program has succeeded in creating 'more reasonably priced housing in Gateway Cities.' 'We were proud to expand this program as part of our historic tax cuts package, and we're thrilled to see this funding being put to work across the states,' Healey said. 'Together, we're making it more affordable for people to live in their communities while also attracting more business, industry and culture to our incredible Gateway Cities.' Community Development Director Alicia M. Zoeller was unavailable for comment. Lt. Gov. Kim Driscoll said the administration is dedicated to addressing housing needs. 'This funding brings a significant impact to cities across the state and goes a long way toward making Massachusetts a more affordable place to live, work, start a family and build a future,' Driscoll said. The announcement was made Tuesday at 347 Main St. in Fitchburg, an eight-unit housing development and previous HDIP award recipient. The program aims to build market-rate housing to help the economy, increase housing variety and create lively neighborhoods, backers say. The governor's plan includes the $5.12 billion Affordable Homes Act, the MBTA Communities Law, more Low-Income Housing Tax Credits and work by the Housing Advisory Council and the Unlocking Housing Production Commission. Read the original article on MassLive. Read the original article on MassLive. Read the original article on MassLive.
CBS News
07-04-2025
- Politics
- CBS News
Mike Kennealy, former Baker administration official, running for governor of Massachusetts
Mike Kennealy, a Republican who served as secretary of housing and economic development under former Gov. Charlie Baker, announced Monday that he is running for governor of Massachusetts. Kennealy is the first prominent challenger to Gov. Maura Healey, the incumbent Democrat who intends to run for another term. In an announcement video , Kennealy said Massachusetts is "headed in the wrong direction." He says everything from gas, to housing, to taxes is costing residents too much money. The video also says there is "unspeakable violence in migrant shelters " in Massachusetts, calling it a "national embarrassment." "I'm running for governor because I believe in the unlimited potential of our state through the power of our people," Kennealy says. Kennealy created the guidelines for the MBTA Communities Law during his time in the Baker administration. The law requires cities and towns near transit stops to have at least one zoning district where multi-family housing is permitted. "A lot of this housing could be in downtowns. That's good for local economic development," he said. "And also it could create more diverse housing stock, you get more diverse populations in these places." Implementation of the law has been controversial, with some towns voting down proposed zoning changes and criticizing the state's "one size fits all" approach. Kennealy defended the law in an interview with WBZ-TV last year. "Not to be overly dramatic about it, the future of Massachusetts really is at stake here," he said. "We have to produce a lot more housing or we're not going to be the state we want to be." Healey said in February that she plans to run for re-election. "I'm really proud of the record so far," she told GBH's Boston Public Radio. The governor says she's been focused on housing affordability, tax cuts and investing in education and transportation during her first term in office. "I feel like we've done all of those things, yet there's a heck of a lot more to do," Healey said.
Yahoo
27-02-2025
- Politics
- Yahoo
MBTA communities must make zoning changes to comply with law
Mass. (WPRI) — The deadline has passed for MBTA communities to become compliant with a zoning law aimed at creating more housing in Massachusetts. The MBTA Communities Act was signed into law in 2021 by former Governor Charlie Baker. It requires communities near the commuter rail to have at least one district zoned for multi-family housing without age restrictions. RELATED: South Coast Rail service officially begins March 24 Following a ruling from the Massachusetts Supreme Judicial Court last year, 30 municipalities were given until Feb. 13 to submit an 'action plan' for coming into compliance with the law. Freetown, Wrentham and Raynham were among the communities that needed to do so. The Executive Office of Housing and Livable Communities told 12 News on Tuesday that 24 of the 30 communities, including those three, submitted plans and are now temporarily in compliance with the law. Those towns have until July 14 to pass zoning locally. Communities that are not in compliance with the law may lose access to state programs including MassWorks and HousingWorks. Middleborough is one of the six communities currently considered noncompliant. MORE: South Coast Rail service, parking free for first few weekends At the request of several municipalities, including Middleborough and Wrentham, the Division of Local Mandates (DLM) through the state auditor's office reviewed the MBTA communities law and called it an 'unfunded mandate.' In a statement to 12 News on Wednesday, the DLM said in part, 'our office cautions municipalities that this determination does not guarantee that a municipality will be reimbursed for expenses incurred in complying with the Act. Municipalities can either continue to comply with no guarantee of reimbursement for expenses incurred or, under the Local Mandate Law, petition the Superior Court for an exemption from compliance until funding is provided.' Massachusetts Attorney General Andrea Joy Campbell slammed the opinion, saying that other communities have tried and failed to claim that the law is an unfunded mandate in court. 'High housing costs burden our residents and stifle our economy – and responsible zoning is the solution to this crisis, as most of our communities understand,' Campbell explained. 'The Auditor's claim that the MBTA Communities Law is an unfunded mandate is wrong, and, more importantly, this letter has no effect whatsoever on implementation of the Law.' Campbell also noted that the state will 'vigorously defend' the MBTA Communities Law should there be further pushback. Download the and apps to get breaking news and weather alerts. Watch or with the new . Follow us on social media: Close Thanks for signing up! Watch for us in your inbox. Subscribe Now Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
