MA Punishes Town Refusing To Comply With MBTA Multifamily Zoning Law

MILTON, MA — Milton's recent vote to overturn new multifamily zones required under the state MBTA Communities Act law will have consequences: state officials said Wednesday the town would lose a six-figure grant, and be cut off from applying for MassWorks and HousingWorks grants.

Milton voters last week overturned new multifamily housing zones approved by Town Meeting in December. That violates deadlines under the MBTA Communities Act, which requires 177 cities and towns that either have T stations or are adjacent to them to create multifamily housing zones — part of an effort to relieve the state's housing crisis. Milton has a stop on the Mattapan trolley, and abuts communities like Quincy and Boston that have multiple T stops.

In a letter to town leaders, state Housing and Livable Communities Secretary Ed Augustus said Milton would immediately lose a $140,000 grant for seawall improvements. The town will also be "at a competitive disadvantage" in applying for other state grants. The letter also said state officials hope Milton will eventually comply with the law.

Milton isn't the first town to buck the MBTA Communities Act, which affects many suburban communities with little to no multifamily housing — but it is the first to face real consequences for noncompliance.

The Worcester-based Central Massachusetts Housing Alliance sued Holden — a town that abuts Worcester, which has a Commuter Rail station — in August after the town refused to comply with the new law. A state Superior Court judge dismissed the case in December, ruling that CMHA and other plaintiffs lacked standing to sue.

Apart from Holden and Milton, towns including Carver, Berkley, Marshfield and Middleborough had missed 2023 deadlines to comply with the MBTA law. The law does not require cities and towns to actually build multifamily housing, only to create zones near transit where multifamily housing would be allowed.

"At this time, Milton is the only rapid transit community in Massachusetts that is not in compliance. If we do not all come together to build more housing, we will not be able to overcome our affordability crisis. We need every community to do their part," Augustus said in a news release Wednesday.