By: Sean Higgins and Cayla Nyante Brown

Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail, subway, bus, or ferry) to designate a specific zoning district where multifamily housing is permitted “as of right,” meaning without any additional approvals needed, to increase housing availability near transit options.

In February of 2024, residents of the town of Milton, which has four MBTA stations along the Mattapan Line voted down a proposed zoning scheme to satisfy the requirements of the Communities Act, thus setting the stage for a showdown between the Commonwealth of Massachusetts (the Commonwealth) and the affluent Boston suburb.