Massachusetts AG Sues 9 Towns Over Noncompliance with MBTA Housing Zoning Law

January 29, 2026
Massachusetts AG Sues 9 Towns Over Noncompliance with MBTA Housing Zoning Law
  • Agency officials note roughly 7,000 units are in the pipeline across 34 communities within MBTA districts, reflecting ongoing housing production despite compliance gaps.

  • Editor’s note: this is a developing story and may be updated as new information becomes available.

  • Expect more public hearings and community engagement around zoning, possible actions against other noncompliant towns, and ongoing debates over multi-family housing policy.

  • Some towns are extending compliance timelines; for example, Carver and Rehoboth have been given extra time into late 2025, while Freetown continues discussions on compliance.

  • The case fits a national trend toward stricter housing regulations to boost accessibility and affordability, potentially setting a precedent for other communities.

  • The lawsuits underscore tensions between state mandates and local zoning autonomy, with potential implications for developers, residents, and local governance.

  • Compliance was due by mid-July 2025, with prior warnings that enforcement would proceed in January 2026 due to widespread noncompliance.

  • The state says it will continue working with noncompliant towns toward compliance, as it has with Milton, and a town can resolve noncompliance by enacting compliant zoning.

  • Massachusetts Attorney General filed lawsuits against nine MBTA Communities towns—Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington and Winthrop—to enforce zoning for multi-family housing near transit as required by the MBTA Communities Law.

  • The suits seek injunctive relief and a court-ordered move to create compliant zoning districts, plus submission of district compliance applications to the Executive Office of Housing and Livable Communities.

  • While the attorney general did not specify penalties, potential consequences discussed include loss of state grants or the appointment of a special master to impose zoning if noncompliance persists.

  • The actions are part of a broader state push to enforce housing density rules, with possible legal standards and penalties for noncompliance.

Summary based on 10 sources


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