Diana DiZoglio

Massachusetts State Auditor

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Massachusetts SJC upholds MBTA Communities Act again, opening door to more housing reforms

Found the act an unfunded mandate; courts declined to follow

Massachusetts's highest court upheld the MBTA Communities Act for the second time in September, rejecting the town of Marshfield's claims that the 2021 law violates home rule or is an unfunded mandate. The ruling locks in the state's power to require 177 MBTA-adjacent communities to zone for apartments and townhomes.

Updated Oct 19