On Monday, April 14, the Healey-Driscoll Administration announced the release of final regulations for M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act. These regulations are in effect.
According to the final regulations, communities that did not meet prior deadlines to submit new zoning to the state will have until July 14, 2025 to submit a district compliance application to EOHLC. Communities designated as adjacent small towns still have a December 31, 2025 deadline to submit district compliance applications.
NAIOP is grateful to the Healey-Driscoll Administration for advancing successful implementation of the MBTA Communities Act. According to the announcement, currently, 68 communities are deemed compliant or conditionally compliant with the Act. A total of 119 communities have adopted multifamily zoning to comply with the law.
On Friday, February 21, the Unlocking Housing Production Commission released its recommendations for specific legislative, regulatory and policy changes designed to increase Massachusetts’ housing supply.
The Commission was created by Executive Order in late 2023 to advise the Healey-Driscoll administration on how state and local laws, regulations, and practices could be revised to increase the supply of housing across income levels and the state. Commission members included NAIOP CEO Tamara Small and NAIOP members Levi Reilly of Marcus Partners; David Linhart of Goulston & Storrs; and Jeanne Pinado of Colliers; as well as leaders from local government, business, and community organizations.
“This report is the result of many hours of research, discussion and review undertaken by the Unlocking Housing Production Commission over the past year,” said NAIOP CEO Tamara Small. “The final recommendations range from bold actions to targeted tweaks designed to advance new housing production at all levels across the Commonwealth.”
On January 8, the Supreme Judicial Court (SJC) released its decision in Attorney General v. Town of Milton.
NAIOP was pleased to see that the Court’s decision upheld both the Attorney General’s power to enforce M.G.L. Chapter 40A, Section 3A, otherwise known as the MBTA Communities Act, and the constitutionality of the Act. This decision supports NAIOP’s September Amicus Brief, filed by NAIOP member Greg Sampson of Silver Gavel Firm Sullivan & Worcester, which urged the SJC to affirm that the Attorney General may elect to enforce the MBTA Communities Law.
The above archive includes blogs posted from December 2020 onward, and reflect NAIOP updates from July 2020 to present. For posts prior to July 2020, please visit NAIOP's archived blog.