In 2021 then-governor Charlie Baker signed a law requiring all cities and towns that host MBTA services to permit low-income, multi-family housing in their communities.
According to the law, each municipality with an MBTA rail station must have at least one district within half a mile of the station with a minimum of 15 units per acre.
As the targeted communities began to drag their feet, a threatening letter was issued by the Attorney General’s office in March 2023. It states, in part, that
All MBTA Communities must comply with the Law…Communities that fail to comply with the Law may be subject to civil enforcement action. Non-compliant MBTA Communities are also subject to the administrative consequence of being rendered ineligible to receive certain forms of state funding. Importantly, MBTA Communities cannot avoid their obligations under the Law by foregoing this funding. The Law requires that MBTA Communities “shall have” a compliant zoning district and does not provide any mechanism by which a town or city may opt out of this requirement.
Here we are, less than a year later, and at least one community has been bold enough to reject the housing requirements.
Residents in the Town of Milton voted down a referendum which would have allowed the MBTA multi-family district. That vote was held on December 11, 2023.
Today the Executive Office of Housing & Livable Communities issued a letter to the town’s administrator.
For failing to embrace the “transformative opportunity” that multi-family housing promises, the residents will be punished by the withholding of state grant money. The letter states,
Milton’s current non-compliant status means the town will begin losing out on significant grant funding from the state, effective immediately. As stated in my January 9, 2024 letter, the town will not be eligible to receive MassWorks and HousingWorks grants. The town of Milton will also be at a competitive disadvantage for the 13 discretionary grant programs offered by the Executive Office of Housing and Livable Communities (EOHLC), as well as other grants that are a part of Community One Stop for Growth. Additionally, the town will not be eligible for a recent Seaport Economic Council grant award for $140,800 for seawall and access improvements, which was subject to compliance with the law.
The letter concludes
The law is clear — compliance with the MBTA Communities Law is mandatory.
Copes were sent directly to the Milton Select Board and the legislators who represent the town.
The full text of the letter is attached below.