CHAPA and Lawyers for Civil Rights Celebrate Court Ruling Rejecting Unfunded Mandate Challenges to MBTA Communities Law
WASHINGTON, D.C. – RealEstateRama – In yet another victory for the MBTA Communities Act (the “Act”), a Massachusetts Superior Court judge decisively ruled that the Act “does not constitute an unfunded mandate.” In doing so, the Court squarely rejected the State Auditor’s contrary opinion issued earlier this year and dismissed a series of municipal lawsuits citing that opinion. Those suits were always a hail mary—as Citizens’ Housing and Planning Association (“CHAPA”) argued in an amicus brief filed by Lawyers for Civil Rights (“LCR”)—and the latest Court ruling slams the door shut on their arguments. Most importantly, the decision re-affirms that all MBTA Communities must do their part to alleviate Massachusetts’ affordable housing shortage by allowing multi-family housing to be built more freely.
CHAPA and LCR celebrate this ruling as a major victory in the mission to create multi-family and reasonably-priced housing opportunities across Massachusetts, and applaud Attorney General Andrea Campbell’s steadfast defense of the Act in these lawsuits and others.
“CHAPA is thrilled that the courts have once again affirmed that the MBTA Communities Act is the law and that communities must comply,” said Rachel Heller, Chief Executive Officer of CHAPA. “Sky-high housing costs are hurting people and our neighborhoods and threaten the health of our economy. Today’s decision makes it clear that every community needs to be part of the solution.”
Although the Massachusetts Supreme Judicial Court held that the Act is constitutional and enforceable in Attorney General vs. Town of Milton this January, several communities recently filed lawsuits seeking exemptions from the Act in response to a determination from the State Auditor’s Division of Local Mandates (DLM) that the Act could be an unfunded mandate. Those towns include Duxbury, Hamilton, Hanson, Holden, Marshfield, Middleton, Wenham, Weston, and Wrentham.
As CHAPA and LCR expected, the Court soundly rejected these suits, concluding instead that DLM’s determination was flawed and legally non-binding, and that the Act does not impose any unfunded costs on communities. The court further agreed with our organizations that updating zoning codes and holding town meetings are regular functions of municipal government, meaning that the law’s requirement to adopt multifamily zoning districts does not create additional costs.
The court also rejected all claims that multifamily zoning districts impose infrastructure costs upon communities, concluding that any connection between multifamily zoning and increased costs for services and infrastructure is purely speculative.
“Today’s ruling is a great victory for all Massachusetts residents, but particularly the communities of color and low-income individuals hardest hit by the affordable housing crisis,” said Jacob Love, Senior Attorney at LCR. “Increasing multi-family housing stock is critical to advancing fair housing in the Commonwealth and this decision preserves one of the most important tools we have in the fight for housing equity.”
Like the courts, the majority of MBTA communities have rejected the argument that multi-family homes impose unfair costs. As of May 30th, 75 percent of MBTA Communities have embraced the opportunity to provide more reasonably-priced homes for their residents and adopted multifamily zoning districts intended for compliance with the Act.
CHAPA and LCR are gratified that the courts not only continue to endorse our legal arguments, but also reject all efforts to undermine the Act. While this law is only the first of many steps needed to make homes affordable for everyone in Massachusetts, defending it is crucial to setting the stage for all the other work we intend to do together to build more reasonably-priced homes.
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Citizens’ Housing & Planning Association (CHAPA) is the leading statewide affordable housing policy organization in Massachusetts. Established in 1967, CHAPA advocates for increased opportunity and expanded access to housing so every person in Massachusetts can have a safe, healthy, and affordable place to call home in the communities they choose, free from discrimination. For more information, visit www.chapa.org.
Lawyers for Civil Rights fights discrimination and fosters equity through creative and courageous legal advocacy, education, and economic empowerment. With law firms and community allies, we provide free, life-changing legal support to individuals, families, and small businesses. www.lawyersforcivilrights.org
