State Sues 9 Cities, Towns Over MBTA Communities Noncompliance

Massachusetts Attorney General Andrea Campbell on Thursday filed a lawsuit against nine cities and towns that are noncompliant with the state's transit-oriented housing law.

In the lawsuit, Campbell seeks "a court order declaring that each community must create a zoning district" in compliance with the MBTA Communities Law. The suit follows Campbell's advisory to the towns to comply in July.

The nine communities are Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington and Winthrop.

"While bringing a lawsuit is never my first choice, courts have consistently ruled that compliance with this law is mandatory, and the urgency of our housing shortage compels me to act to ensure that all MBTA Communities meet their legal responsibilities," Campbell said in a statement. "My office remains ready to assist any town working to come into compliance with the law."

The final deadline for the MBTA Communities Law came at the end of 2025, with 165 of the 177 cities in compliance at the time and 12 communities still noncompliant.

These noncompliant communities aren't the only ones that have pushed back.

Milton overturned its MBTA zoning plan in 2024, leading to the state filing a lawsuit against the town. In January 2025, the Supreme Judicial Court ruled in favor of the state and required Milton to comply with the law.

The 2021 law was enacted to help open development in towns and cities that have historically pushed back on it. Since it was signed into law, nearly 7,000 units have been proposed across 34 communities.

The law is just one of the many ways Massachusetts is trying to address its housing shortage.

Gov. Maura Healey says the state needs to add 222,000 homes between 2025 and 2035 to help lower housing costs. State officials have also allowed accessory dwelling units by right across the state and have opened up 450 acres of state-owned land for redevelopment.