On January 14, 2025, the Executive Office of Housing and Livable Communities (EOHLC) issued emergency regulations to implement the Multifamily Zoning Requirement for MBTA Communities, G.L. c. 40A, § 3A. You’ll know from our Client Alert that the Supreme Judicial Court held that the EOHLC guidelines implementing the statute were unenforceable because they were not adopted in compliance with the Administrative Procedures Act.
EOHLC anticipated this ruling. In response, it repackaged the guidelines as the emergency regulations at 760 CMR 72.00. The regulations differ little substantively from the guidelines, with the main difference being the deadline for communities that missed the prior compliance deadlines having a short window to become compliant. Non-compliant MBTA Communities must submit an action plan to EOHLC by February 13, 2025 (previously January 31, 2023, under the guidelines), and a district compliance application by July 14, 2025 (previously December 31, 2023 or 2024, under the guidelines).
The emergency regulations are in effect for 90 days, at which time, public comment on the regulations will close and permanent regulations will be adopted.

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