The Executive Office of Housing and Livable Communities today filed emergency regulations with the Secretary of the Commonwealth to support ongoing implementation of the MBTA Communities Law.
The filing comes six days after the Massachusetts Supreme Judicial Court issued an opinion affirming that the state’s MBTA Communities Law is constitutional. The decision affirmed that under the law each of the 177 communities included in the MBTA Communities Law must have at least one zoning district of reasonable size where multifamily housing is permitted as of right. It also affirmed the Attorney General’s right to enforce the law.
As part of the opinion, the court wrote that the previous administration did not correctly advance the guidelines for the law’s implementation. The court directed EOHLC to publish the law’s guidelines in accordance with the Administrative Procedures Act in order for the law to be enforceable. Emergency regulations are in effect immediately and for 90 days. EOHLC intends to adopt regulations permanently following a public comment period.
Source: Implementation of MBTA Communities Law Continues with Filing of Emergency Regulations | Mass.gov
