Healey-Driscoll Administration Announces First Communities in Compliance with MBTA Communities Law

 Healey-Driscoll Administration Announces First Communities in Compliance with MBTA Communities Law 

Salem and Lexington are first two communities to be determined compliant by the state 

SALEM – Two Massachusetts communities have achieved compliance with the MBTA Communities Law, the Healey-Driscoll Administration announced on Tuesday at a press conference held at BRIX Condominiums in Salem. 

The city of Salem and the town of Lexington are the first two communities to be determined by the Executive Office of Housing and Livable Communities in compliance with the law, which requires certain communities to have at least one zoning district in which multi-family housing is permitted.  

"To meet our housing needs and lower costs, we need both the state and our local communities to come together to drive up production, particularly around transit. That’s what the MBTA Communities Law is all about," said Governor Maura T. Healey. "I applaud Salem and Lexington for doing their part to ensure that we have multi-family housing where we need it the most – in places with easy access to public transportation. We look forward to continuing our work with other communities to help them meet the requirements." 

"Our administration stands ready to support MBTA communities as they work with us to reduce the cost of housing in Massachusetts," said Lieutenant Governor Kim Driscoll. "As the former mayor of Salem, I'm particularly proud of my community’s leadership and grateful to make this announcement at BRIX Condominiums, a prime example of the type of mixed-use development near public transportation that this law will create. The work we are doing together will provide more opportunities for individuals and families to find affordable places to call home in Massachusetts. We all benefit when we come together to build more housing." 

The MBTA Communities Law was passed in January 2021 to encourage the development of multi-family housing in areas near public transit. A total of 177 communities are subject to the requirements of the law. Working with cities and towns included under the MBTA Communities Law is one of the ways in which the Healey-Driscoll Administration is creating more housing to control rising costs. To date, the administration has provided nearly $6 million in technical assistance grants to 156 communities to help them comply with the law.  

“We are pleased to determine both Salem and Lexington comply with the law and commend them for taking this important step,” said Ed Augustus, Secretary of the Executive Office of Housing and Livable Communities. “Allowing smart housing developments along our public transportation corridors is not only good housing policy, it is good climate and transportation policy, too.”   

The law requires MBTA communities to establish multifamily zoning no more than half a mile from a commuter rail station, ferry terminal or bus station. The zoning districts must have no age restrictions and be suitable for families with children. 

“I’m very pleased that Salem has been certified in compliance with the MBTA Communities Act,” said Salem Mayor Dominick Pangallo. “Despite this certification, however, we still have much work to do to ensure we’re right sizing our housing supply and providing a roof over the head of every resident, and one that they can afford. Locally, we’re working to advance policies and projects to better meet our affordability challenges, and I’m thrilled to have strong partners in Governor Healey and Lieutenant Governor Driscoll at the state level who are committed to championing this critically important effort.”  

“Housing plays a critical role in creating sustainability and resiliency in our community,” said Lexington Town Manager James Malloy.  “These new zoning laws will increase housing opportunities in and around Lexington, and in turn, benefit neighborhoods along our bus routes; increase accessibility to town services; promote more foot traffic for local business; and improve access to our school system.  We hope our efforts to improve housing opportunities in some of our most populated areas will encourage other towns and cities to follow suit.” 

Rapid transit communities face a Dec. 31 deadline to submit their zoning plans to the state. Rapid transit communities are those that have a subway station or have one within half a mile of their border. 

Following the Dec. 31 deadline for rapid transit communities, commuter rail towns and adjacent communities have until Dec. 31, 2024 to submit their plans to the state. Adjacent small towns have until Dec. 31, 2025. 

Earlier this year, the Executive Office of Housing and Livable Communities released updated guidelines to the MBTA Communities Law. Updates included allowing mixed-used development, including ground-floor commercial use, in multi-family residential buildings.  

The office also announced additional penalties for non-compliance, expanding the number of funding programs non-compliant communities would lose access to.  

In March, the Attorney General’s Office issued guidance to assist municipalities in understanding their obligations under the MBTA Communities Zoning Law, stating that MBTA Communities cannot avoid their obligations under law by foregoing funding opportunities and explaining that communities that fail to create multi-family zoning in compliance with the law may be subject to civil enforcement action.In addition to working with cities and towns to adhere to the MBTA Communities Law, the Healey-Driscoll Administration earlier this fall filed historic housing legislation in the form of the Affordable Homes Act.  

This comprehensive package of spending, policy and programmatic actions includes $4 billion in capital spending authorizations, 28 substantive policy changes or initiatives, three executive orders and two targeted tax credits. All are directed at reducing barriers to the production and preservation of housing and giving communities the tools to develop more housing where they need it. The bill is expected to create or save nearly 70,000 homes.