Brookline Compliance With The MBTA Communities Act

What happens if Brookline fails to comply with the MBTA-CA?

The Massachusetts Attorney General has advised that MBTA communities that fail to comply with the MBTA-CA will be subject to civil enforcement action as well as liability under federal and state fair housing laws.

According to conversations with the Town Counsel the following would likely occur:

After the December 31, 2023 deadline for submitting a compliant zoning district proposal to EOHLC passes, the Attorney General would likely sue the town. That lawsuit would probably be decided quickly without a trial, finding the town non-compliant. The court would give Brookline a period of time, such as 90 days, to comply.

If Brookline still doesn’t comply, the court could mandate compliance under a plan already developed or a plan devised by a court-appointed body. In either case, the citizens and elected officials of Brookline would have no input into these zoning law changes.

Further, Town Counsel predicts that the cost of defending against this lawsuit would be in the six figures.

On the Town Meeting Member Association listserv, some town meeting members have suggested it is highly unlikely that the AG would sue Brookline quickly. They also suggest that the Town would be able to negotiate a settlement.

What is the town doing to comply with the MBTA-CA?

Memo from Town Administrator and Town Counsel: MBTA Communities Act Noncompliance