AG Releases Advisory on Compliance with 3A

On March 15th, 2023, Attorney General Andrea Campbell released an advisory on compliance, reiterating that 3A is a mandate, and outlining potential additional penalties for MBTA communities that are not in compliance. The MBTA zoning law requires a community to allow at least one zoning district of reasonable size where multi-family housing is permitted as of right with a minimum gross density of 15 units per acre. There is no construction requirement.

If a community does not comply with the multi-family zoning requirements for MBTA communities, they will lose access to the following grant programs: Housing Choice Initiative, Local Capital Projects Fund, and MassWorks infrastructure program. DHCD may, at its discretion, take non-compliance into consideration when making other discretionary grant awards.

In addition, Attorney General Campbell is quoted in the advisory stating, “MBTA Communities that fail to comply with the Law’s requirements also risk liability under federal and state fair housing laws. The Massachusetts Antidiscrimination Law and federal Fair Housing Act prohibit towns and cities from using their zoning power for a discriminatory purpose or with discriminatory effect.”

All 23 NSR communities have already submitted an action plan to reach interim compliance, and have until December 21, 2024, to reach full compliance. Updates will be posted on the NSR blog.