The Massachusetts Supreme Judicial Court ruled that the town of Milton can temporarily avoid complying with a state law requiring communities with public transit access to allow for more multi-family housing.
The Massachusetts Supreme Judicial Court ruled Wednesday that the town of Milton can, for now, avoid complying with a controversial state law that requires communities with public transit access to allow for more multi-family housing. the SJC said the mandate 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, 'We conclude that the act is constitutional and that the Attorney General has the power to enforce it.' Gov. Maura Healey called the ruling a 'major victory,' saying the law has already had some early success, with 116 communities having agreed to add housing. She said the Executive Office of Housing and Livable Communities will file emergency regulations by the end of this week.The law is an effort by the state to address the state's stubborn housing access and affordability crisis, but in a number of towns and cities, the edict has sparked debate over what some say places a burden on municipal services and budgets. in the state that for months have not passed re-zoning rules that were supposed to be in place by the end of last year under the law. The state's highest court took up the case last October. The town of Milton argued that it could not be forced to meet the housing requirements and that noncompliance would result only in a loss of access to certain state grant programs. There are four MBTA stations in Milton along the T's Mattapan Line. In its decision Wednesday, the court outlined that as the state attempted to issue guidelines to towns and cities, it failed to 'file with the Secretary of the Commonwealth a notice of public hearing, a notice of proposed adoption or amendment of a regulation, or a small business impact statement ... .' The justices' concluded: 'the Attorney General has the power to bring suit for declaratory and injunctive relief to enforce and its guidelines
Housing Massachusetts Court Ruling Zoning Affordable Housing
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