Massachusetts has mandated that 177 cities and towns with access to public transit revise their zoning laws to allow more multifamily housing, a move aimed at addressing the region’s housing crisis. While over 120 municipalities have complied, several have resisted, leading to legal battles and heated debates over local control and urban development.
For Valdineia Santos, a cafe worker in Winthrop, a seaside suburb north of Boston, the housing shortage is personal. She has long hoped to move to Winthrop but has been priced out, with two-bedroom apartments renting for around $3,000 a month. Instead, she remains in Malden, a more affordable city further inland.
A state law enacted four years ago seeks to increase housing supply in towns surrounding Boston, aiming to stabilize soaring rents. However, implementation has been contentious, with critics arguing that the law oversteps local authority.
“It’s taking away the rights of citizens and handing them over to people who don’t know our town,” said Diana Viens, a Winthrop resident leading opposition efforts.
Under the law, municipalities served by public transit must permit multifamily housing near transit hubs without requiring special permits. By the end of last year, most were expected to submit revised zoning rules.
While many towns complied, about 30 resisted. Some, like Winthrop, sued the state, demanding exemption. Others, such as Needham, held town-wide votes rejecting the zoning changes, citing concerns about altering the community’s character.
The state has pushed back against noncompliance. Attorney General Andrea Campbell sued Milton after it missed a deadline, and last month, the Massachusetts Supreme Judicial Court upheld the law’s constitutionality. The ruling affirmed the state’s right to enforce the mandate, compelling previously resistant towns to begin submitting preliminary plans. However, the court also found that the state had failed to gather sufficient public input, necessitating a restart of the process, with a new deadline set for July.
The conflict reflects broader national struggles over zoning laws as officials seek to combat housing shortages. “There’s growing awareness that restrictive zoning hinders affordability,” said Ben Metcalf, director of the Terner Center for Housing Innovation at the University of California, Berkeley.
Opponents of the law stress the importance of maintaining local governance. Representative Jeff Turco, whose district includes Winthrop, acknowledged the housing crisis but criticized the state’s “punitive” approach, which threatens noncompliant towns with funding cuts.
Proponents argue that incentives alone won’t resolve the problem, as exclusionary zoning has historically restricted housing access. Housing consultant Judi Barrett said, “This law forced towns to confront their restrictive policies.”
The economic impact of restrictive zoning is significant. Massachusetts has seen population declines while housing prices surge. The median single-family home price exceeded $650,000 last year.
Even those who might benefit from new housing remain skeptical. Ms. Santos, the cafe worker, admitted she was unfamiliar with the law but understood concerns about overdevelopment. “I love Winthrop’s small-town feel,” she said. “I wouldn’t want it to become overcrowded.”
For towns like Winthrop, high population density and infrastructure limitations pose additional challenges. The town, spanning just 1.5 square miles with nearly 19,000 residents, also serves as a critical access point to Logan Airport and the state’s largest wastewater treatment plant.
“We’ve been at full capacity for decades,” Viens argued. “More density would create risks we can’t afford.”
Critics also note the law’s shortcomings, such as its lack of affordability requirements for new developments. Some towns have exploited loopholes by rezoning already built-out areas, effectively bypassing new construction mandates.
Despite these concerns, state officials maintain that the law is part of a broader strategy, which includes a $5 billion investment in housing across income levels.
In Needham, voters recently rejected a zoning plan that exceeded state requirements, opting instead for a scaled-back version. Similarly, in Marblehead, where home prices exceed $1 million, residents previously voted down a rezoning proposal. Supporters plan to reintroduce the measure at an upcoming town meeting, arguing that allowing more housing will help retain younger generations.
“The town’s population is aging, and young families are being priced out,” said Peirce Law, a rezoning advocate. “There’s a unique childhood experience here that people want to preserve for future generations.”