House Speaker Ron Mariano delivers remarks at MassBio's “State of Possible” conference on Wednesday March 26, 2025. Photo by Sam Drysdale | State House News Service

The MBTA Communities law requires cities and towns across the Boston area to open their doors to new apartments and condominiums.

And it may be true that only a relatively small number of suburbs are openly challenging the 2021 law, which is designed to boost housing production and bring down rents and prices.

But with a ruling by state Auditor Diana DiZoglio that the law is an unfunded mandate, that number is growing.

Maybe not so surprisingly, the growing displays of open defiance are making lawmakers at the State House a bit nervous.

I caught up briefly the other day with House Speaker Ron Mariano.

And let’s just say that, at least for now, he did not sound like someone gearing up for another potentially contentious overhaul of onerous and restrictive local zoning rules – widely blamed for the state’s dire housing shortage.

A Healey administration commission recently released a report calling for an end to large-lot, McMansion-style suburban zoning, with formal legislation expected at some point.

But asked about the potential for another zoning reform bill, Mariano pointed to ongoing challenges of ensuring local compliance with the MBTA Communities law, which has sparked fears among some local officials and opponents of being overrun with large apartment buildings.

Mariano Passes on Defending Law

In particular, at least five communities have gone to court seeking an exemption from the four-year-old law on the heels of DiZoglio’s ruling.

Wrentham, Hanson, Marshfield, Middleboro and Middleton have all filed lawsuits against the state housing authorities, arguing they should be exempt from compliance with MBTA Communities until the state agrees to defray costs related to planning work.

The auditor’s office also determined that compliance with the law also represented an unfunded mandate for Methuen, while the towns of Berkley and Hanover are seeking similar rulings.

For the record, the Healey administration has, in the past, pointed to the millions of dollars of grants it gave any town that asked, to help with public outreach, planning and zoning-writing as part of complying with MBTA Communities.

But when I put the question to Mariano a couple weeks ago after he accepted an award from life science industry group MassBio, he passed on answering.

“Is it an unfunded mandate? I am not a lawyer and I don’t play one on TV,” Mariano remarked.

Will Next Moves Meet Frosty Reception?

Jesse Kanson-Benanav, executive director of Abundant Housing Massachusetts, acknowledged that some lawmakers are a little cautious as they sort through some of the pushback against MBTA Communities, though he characterized it as a relatively small number of towns.

However, Kanson-Benanav, who served on the Healey administration’s task force on unlocking housing production, anticipates support among state lawmakers for additional zoning reform in the form of a “YIMBY” bill pushed by his organization.

Key points in the YIMBY legislation are similar to recommendations in the commission’s report, which called for the legalization of two-family construction across the state, and up to four units on lots with water and sewer service.

Scott Van Voorhis

“There is a lot more that needs to be done,” Kanson-Benanav said. “We are not effectively building starter homes anymore and we need to deal with lot sizes.”

Kanson-Benanav said he does not see the unfunded mandate issues raised by the state auditor as presenting any insurmountable problems when it comes to passing additional zoning reform bills.

A spokesperson for Healey and Lt. Gov. Kim Driscoll said both were still “closely reviewing” the commission’s recommendations.

“There is definitely still more work to do, especially on zoning, and Massachusetts isn’t kicking the can down the road when it comes to increasing housing production and lowering costs,” the spokesperson said.

Scott Van Voorhis is Banker & Tradesman’s columnist and publisher of the Contrarian Boston newsletter; opinions expressed are his own. He may be reached at sbvanvoorhis@hotmail.com.