Insight

Building Opportunities in the Bay State

The Commonwealth of Massachusetts is addressing the housing crisis in a unique way that may allow certain property owners close to public transit the opportunity to construct multi-family housing where it may not have been previously permitted.

Kelley Morris Salvatore

Written by Kelley Morris Salvatore

Published: August 19, 2026

The Commonwealth of Massachusetts is addressing the housing crisis in a unique way that may allow certain property owners close to public transit the opportunity to construct multi-family housing where it may not have been previously permitted. The Economic Development Bond Bill of 2021 creates a new Section 3A in the Commonwealth’s Zoning Act, General Laws ch. 40A. In fact, 175 communities served by the Massachusetts Bay Transportation Authority (“MBTA”) are required to create at least one “district of reasonable size” where multi-family housing is permitted as of right. Communities that fail to comply with Section 3A will be ineligible for contributions from certain funding incentives provided by the Commonwealth. The requirements of Section 3A may vary depending on the type of MBTA community. MBTA communities are categorized by the different kinds of transit they have access to, including rapid transit, commuter rail, adjacent community, and adjacent small town.

Section 3A requires that a district of reasonable size:

  • Have a minimum gross density of 15 units per acre (subject to additional limitations);
  • Be located not more than .5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable; and
  • Provide housing suitable for families with children without any age restrictions.

Section 3A provides that the Department of Housing and Community Development(“DHCD”), in consultation with the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation, shall issue guidelines to determine compliance with the new law. Those guidelines were released on August 22, 2022, and further defined the compliance principles.

At Least One District of Reasonable Size

To comply with Section 3A’s “reasonable size” requirement, multi-family districts must comprise at least 50 acres of land, or approximately one-tenth of the land area with .5 miles of a transit station. The district may not consist of a collection of small, non-contiguous acres of land. In fact, land consisting of less than 5 acres will not be counted towards the minimum size requirement. A multi-family zoning district should be a neighborhood-scale district, not a single development site on which the municipality is willing to permit a particular multi-family project. The minimum land area for each MBTA community has been determined as follows:

  • In rapid transit communities, commuter rail communities, and adjacent communities, the minimum land area is 50 acres, or 1.5% of the developable land in the MBTA community, whichever is less. In some instances, a smaller minimum land area applies.
  • In adjacent small towns, there is no minimum land area so long as the applicable minimum multi-family unit capacity and the minimum gross density are achieved.

In all MBTA communities, at least half of the multi-family zoning district land area must comprise contiguous lots of land.

Minimum Multi-Family Unit Capacity

DHCD will consider a reasonable multi-family unit capacity to be a specified percentage of the total number of housing units within the community, based on the type of community as follows: rapid transit, 25%; commuter rail, 15%; adjacent community, 10%; neighboring small town, 5%.

“As of Right” Multi-Family Housing

Multi-family housing must be allowed in the district without needing a special permit, variance, zoning amendment, waiver, or other discretionary approval. Site plan review is limited to imposing reasonable terms and conditions on the proposed use relating to vehicular access and circulation on a site, architectural design of a building, and screening of adjacent properties. The review must not make the project infeasible or impractical to proceed with if it is otherwise in compliance with dimensional regulations.

Other requirements that would not be permitted because they are deemed to be inconsistent with by-right use are:

  1. A requirement that multi-family housing meet higher energy efficiency standards than other uses.
  2. A requirement that a multi-family use achieves a third-party certification that is not required for other uses in the district.
  3. A requirement that multi-family use must be combined with commercial or other uses on the same lot or as part of a single project.

Mixed-use projects may be allowed by right in a multi-family zoning district if the multi-family housing is separately allowed as of right.

Affordability

Section 3A does not expressly require or authorize that an MBTA community require affordable units in a multi-family housing project that is allowed as of right. However, the Department of Housing and Community Development will balance the public policy goal of increasing affordable housing production with the economic feasibility of constructing multi-family housing. Generally, affordable units will be allowed when:

  1. The units are eligible to be listed on the DHCD’s subsidized housing inventory.
  2. No more than 10 percent of the units in a project are required to be affordable.
  3. The family income cap is less than 80 percent of the area median income.

These rules are somewhat relaxed if the affordability requirement predates Section 3A or the district is reviewed by DHCD as a smart growth district or other zoning incentive program.

Suitability for Families With Children

The DHCD will deem a multi-family zoning district to comply with this requirement so long as the zoning district does not provide age restrictions, limit the size of the units, cap the number of bedrooms, the size of bedrooms, the number of occupants, or impose a minimum age of occupants.

Important Deadlines for MBTA Communities

Compliance is achieved when an MBTA community adopts a multi-family zoning district that meets all of the guidelines’ requirements and is certified by the Department of Housing and Community Development. Interim compliance is authorized by DHCD upon submission of an Action Plan deemed reasonable and will lead to district compliance in a timely manner.

The deadline to submit an Action Plan is 1/31/2023 for any community type. The deadline to submit a Compliance Application varies by community category: rapid transit, 12/31/2023; commuter rail, 12/31/2024; adjacent community, 12/31/2024; and adjacent small town, 12/31/2025.

Get in Early!

With the short timeframe for Massachusetts communities to develop their ordinances and by-laws to comply with Section 3A, it is important to consider properties that may benefit communities relative to the construction of multi-family housing and potential mixed-use development.

Trending Articles

What AI Visibility Means for Lawyers


by Josh Rupall and Bryan Driscoll

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

The Best Lawyers in Canada 2027: Recognizing the Nation's Top Legal Talent


by Jamilla Tabbara

Honoring established leaders and rising practitioners across Canada's legal profession.

3D model of Canada textured with the Canadian flag.

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Who Can Override a Power of Attorney?


by Bryan Driscoll

A power of attorney carries real legal authority, but it isn't absolute. Here's who can step in to revoke, restrict or set it aside.

Close-up of a power of attorney document, symbolizing legal authority, revocation rights, guardiansh

How to Get an Eviction Off Your Record


by Bryan Driscoll

Whether an eviction can be removed, sealed or corrected depends on your state, your case and where the record appears.

A printed eviction notice attached to a decorative metal security gate, representing housing instabi

Inside the 2027 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

A closer look at the research process, methodology and key statistics behind the 2027 editions.

3D map cutouts of Chile, Colombia, and Puerto Rico

How Peer Review Works: Best Lawyers Methodology Explained


by Jamilla Tabbara

Understanding the independent, data-driven framework that defines professional legal standing.

A glowing professional icon surrounded by incoming arrows, symbolizing data collection and feedback.

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

Google Is Losing Major Antitrust Cases. Is This the End of Big Tech’s Winning Streak?


by Justin Smulison

Legal experts say the remedies and appeals, not the liability findings, will determine if Google's losses reshape the tech industry.

Google Antitrust Losses: What They Mean for Big Tech

What Is a Hostile Work Environment?


by Bryan Driscoll

Not every difficult job is a hostile work environment in the eyes of the law. Here's how to tell the difference and what to do next.

Blurred image of a distressed employee in an office, surrounded by motion-blurred coworkers, conveyi

How to Start a Nonprofit: A Step-by-Step Guide


by Bryan Driscoll

Everything you need to know about turning your mission into a registered nonprofit, from your first board meeting to 501(c)(3) approval.

Three white blocks spelling "NPO" on a yellow background.

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.

Can You Sue Someone for Emotional Distress?


by Bryan Driscoll

Emotional distress can sometimes support a lawsuit, but whether you have a valid claim depends on the facts, the law and your ability to prove real harm.

Abstract black-and-white face with multiple screaming mouths, representing emotional distress, anxie

GEO for Law Firms: What It Is and How to Optimize for AI Search


by Bryan Driscoll and Everett Sizemore

A seven-step audit for law firms that covers the terms, the pages, the outside profiles and what you can actually measure.

Hands typing on a laptop with glowing GEO and AI search graphics
Tap to expand

Welcome to Smithy AI the Best Lawyers Assistant

I can help you find attorneys, compare firms, explore practice areas, and surface rankings curated from the Best Lawyers methodology.

Not legal advice This assistant provides general information only. For guidance on your specific situation, please consult a licensed attorney.
Learn about Best Lawyers Research Process
Suggested prompts
Chat limit reached
You've reached the message limit for this chat. To keep exploring, browse Best Lawyers directly or come back later to start a fresh conversation.
Browse Best Lawyers