T
he Massachusetts Supreme Judicial Court issued a significant ruling on January 8, 2025, upholding the constitutionality of the MBTA Communities Act. According to a legal advisory from Nutter, the court found that the Attorney General has the authority to enforce the Act, which requires communities near MBTA transit stations to allow multi-family housing by right within a half-mile radius.

    This provision is crucial in addressing Massachusetts' ongoing housing and homelessness crisis. However, the court also ruled that the Executive Office of Housing and Livable Communities' guidelines for implementing the Act are invalid due to non-compliance with the Administrative Procedure Act. As a result, these guidelines must be re-promulgated as regulations before they can be enforced.

    Nutter filed an amicus brief in support of the MBTA Communities Act on behalf of several organizations, including the Massachusetts Housing and Shelter Alliance and the United Way of Massachusetts Bay. The advisory was prepared by attorneys from Nutter's Real Estate Department.