Map: Who is — and isn't — complying with the MBTA Communities Act?

Communities across eastern Massachusetts are under pressure to rezone parts of town to allow more multi-family housing near public transportation, thanks to the MBTA Communities Act.

Aimed at easing the state's housing shortage, the law applies to 177 cities and towns that have — or border communities with — MBTA rapid transit or commuter rail stops. Nearly three-quarters — or 130 communities — had until the end of 2024 to pass compliant zoning rules. And in January, the Supreme Judicial Court ruled that Attorney General Andrea Campbell has the power to legally force communities to comply, as long as state officials rewrite the law's guidelines.

The MBTA Communities Act is an initiative to help resolve the housing crisis in Massachusetts. The state has among the highest home prices and rents in the nation, driven by an estimated shortage of 200,000 housing units.

The act was signed into law by former Gov. Charlie Baker in January 2021 as part of a larger economic development bill.

The law requires MBTA communities to have at least one zoning district where the construction of multi-family housing is allowed "as of right," meaning no special permits or zoning variances are necessary. Multi-family housing can mean anything from triple-deckers to apartment buildings, as long as the district has a minimum gross density of 15 units per acre.

In communities with MBTA service, the multifamily zoning districts must be located less than half a mile from a subway station, commuter rail station, ferry terminal or bus station. The districts can't impose age restrictions on tenants and units must be suitable for families with children.

Lastly, each town's zoning plan must allow for a minimum number of theoretical new multi-family housing units. That number is based on each town's current housing stock and how they're categorized under the law, and can range from less than 100 for small towns to over 10,000 for cities like Cambridge and Worcester. But the law does not require construction of these units, and experts say the real number of new housing that will be built due to the law will likely be much lower.

The deadline for the dozen "rapid transit communities" with MBTA subway or trolley stops passed on Dec. 31, 2023. "Commuter rail communities" and "adjacent communities" — which together account for 130 cities and towns — were required to have compliant zoning in place by Dec. 31, 2024. "Adjacent small towns" have until Dec. 31, 2025 to pass a zoning law.

If a community fails to comply with the requirements by its deadline, it could lose certain state funding for housing, planning, roads, bridges, water and sewers.

For example, the town Milton (which is considered a rapid transit community) began facing penalties in February 2024, after residents overturned an earlier zoning plan to comply with the law. As a result, Milton lost access to 13 grant programs funded by the state housing office.

Milton was also sued by Campbell in an attempt to force the town into compliance. The lawsuit sought additional measures — such as fines and the appointment of a "special master" to draft a zoning plan for Milton — if the town continued to refused to comply the law.

In its January ruling, the SJC said the law was not "presently enforceable" because state officials failed to follow certain rules on how to issue its guidelines. But once the state rewrites the rules, the SJC said Campbell would have "the power to enforce it."

Milton is now in compliance after passing zoning to comply with the law.