Lawmakers say MBTA Communities law meant to have teeth
October 15, 2024
By Jennifer Smith
Four years ago, at the start of the pandemic, Sen. Brendan Crighton of Lynn stood masked on the floor of the state Senate and argued that an ambitious new housing law should make its way into a sprawling new development bill.
His brief remarks, and statements at the time from other lawmakers, are now key considerations before the Supreme Judicial Court as it weighs what tools the state granted to enforce the MBTA Communities law.
“That’s probably stood out the most – having your name mentioned in court,” Crighton said on The Codcast a few days after the high court heard arguments about the law. “Not always a great thing, but in this instance, I was proud to have that referenced. Certainly would’ve been a little more careful drafting my speech and practiced a few more times before giving it, had I known it was gonna be such a big deal.”
What legislators meant to include in the MBTA Communities Act – requiring 177 mostly Eastern Massachusetts cities and towns near public transit to zone for a district of reasonable size where multifamily housing is allowed by right – has dredged up an age-old fight over local versus state power.
Attorney General Andrea Campbell’s suit to force Milton to comply with its obligations under the law turns in part on who gets to make the rules about how Massachusetts tries to address a crippling housing crisis. Lawmakers say they thought they were being clear at the time that they wanted the AG to have that authority – to give the law “teeth.”“What I found interesting was what the case was not about,” zoning expert and consultant Amy Dain said on The Codcast. “The justices and the lawyers in the courtroom were not debating whether there’s a housing crisis.
They were not debating whether zoning has been a barrier to needed housing development. They weren’t even debating whether it’s appropriate or good policy for the state to take leadership on zoning policy. They weren’t debating whether the state has authority to lead on zoning policy.
It does.
By Jennifer Smith
Commonwealth News Service