On January 8, 2025, the Massachusetts Supreme Judicial Court published an opinion confirming that the MBTA Communities Law is constitutional and valid, and that the Attorney General has the power to enforce it. The Court also opined that EOHLC must promulgate the law’s implementing guidelines through the Administrative Procedures Act if they are to be enforceable. Earlier today, EOHLC filed emergency regulations with the Secretary of the Commonwealth, which are effective upon filing. EOHLC plans to adopt the emergency regulations as permanent regulations following a public comment period. Please read the press release on the emergency regulations for more information.
The regulations do not:
- Change substantive zoning requirements;
- Affect any determinations of compliance issued by EOHLC; or
- Require any additional actions from municipalities that submitted district compliance applications that are currently under review.
MBTA communities that did not meet prior deadlines will receive additional time to comply with the law but must submit a new “Action Plan” within 30 days from the filing date of the emergency regulations, by 11:59 p.m. on February 13, 2025. EOHLC plans to provide letters to all MBTA communities clarifying obligations under the regulations based on each municipality’s community category and compliance status.
The MBTA Communities website will be updated today with the emergency regulation and additional information and will continue to be updated over the coming weeks. EOHLC will also coordinate information sessions to answer additional questions. Thank you for your continued collaboration implementing this important housing law.
Sincerely,
Eric Shupin (he/him) | Deputy Chief of Staff for Policy
Executive Office of Housing & Livable Communities (EOHLC)
100 Cambridge Street, 3rd Floor | Boston, MA | 02114
eric.shupin@mass.gov | (o) 617-573-1103 | (m) 617-595-6965