Massachusetts AG Sues 9 Towns Over Noncompliance with MBTA Housing Zoning Law
January 29, 2026
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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Sources

Axios Boston • Jan 29, 2026
Massachusetts sues 9 towns for blocking multifamily housing
The Boston Globe • Jan 29, 2026
State sues nine cities and towns over housing law
Boston.com • Jan 29, 2026
Attorney General sues 9 towns for noncompliance with MBTA zoning law
WBUR • Jan 29, 2026
Mass. attorney general suing 9 towns over housing law compliance | WBUR News