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EOHLC Files Emergency Regulations to Implement the MBTA Communities Law

On January 8, 2025, the Massachusetts Supreme Judicial Court (SJC) issued a significant decision in Attorney General v. Town of Milton, SJC-13580, affirming the constitutionality of the Massachusetts Bay Transportation...more

What Does the Town of Milton’s Noncompliance Mean for Future Compliance with MBTA Communities Law?

On October 21, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued final guidelines to the Commonwealth’s 177 MBTA communities for compliance with M.G.L. c. 40A, § 3A...more

MBTA Communities Must Submit a Request for a Determination to EOHLC for District Compliance

On October 21, 2022, the Commonwealth of Massachusetts Executive Office of Housing and Economic Development (“EOHED”) issued final guidelines to the Commonwealth’s 175 MBTA communities for compliance with M.G.L. c. 40A, § 3A...more

Court Found Abutters Appeal of Affordable Housing Project Meritless – Required to Post $35,000 Bond

In 2020, the legislature amended the Zoning Act, G.L. c. 40A, et seq., to include language which would require a plaintiff appealing a decision to approve a special permit, variance or site plan to post a surety or cash bond...more

New Resources for MBTA Communities

Recently, the Department of Housing and Community Development (DHCD) provided additional resources to assist municipalities in submitting a district compliance application. MBTA communities with inclusionary zoning...more

Attorney General Advisory Turns up the Heat for Compliance for MBTA Communities

On March 15, 2023, Attorney General Andrea Joy Campbell issued an advisory clarifying the requirements imposed on the 177 cities and towns impacted by the 2021 MBTA Communities Zoning Law (codified at M.G.L. c. 40A, § 3A). In...more

Framingham’s Proposed Zoning Ordinance Amendments for Affordable Housing and Workforce Housing Requirements

On October 6, 2022, the Framingham City Council (“Council”) voted to refer proposed amendments to the Zoning Ordinance set forth in ORDER 2022-084-001 to the Planning Board for readvertisement and hearing, which is scheduled...more

Boston’s Effort to Create and Preserve Affordable Housing: Real Estate Transfer Fees and Senior Property Tax Relief

In a further effort to create and preserve affordable housing, the Massachusetts House of Representatives recently advanced House Bill 4637, “An Act Relative to Real Estate Transfer Fees and Senior Property Tax Relief” (“H.B....more

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