Key Takeaways
•The short answer: The MBTA Communities Act stands, and covered towns must allow multifamily housing near transit. According to CHAPA CEO Eric Shupin, 168 of 177 MBTA communities are complying or have zoning under state review. The state's August 31 list shows 157 fully compliant and 9 noncompliant.
•What changed on September 18, 2026: The Supreme Judicial Court (SJC) rejected Marshfield's challenge "on every argument it raised," CommonWealth Beacon reported.
•The pipeline: Lawyers for Civil Rights reports over 10,000 new homes in compliant districts as of September 2026. Over 1,800 are deed-restricted, meaning they sell below market to buyers under an income limit, with resale limits.
•The bottom line: Compliance is a necessary first filter, not a guarantee of condos. Check a town's zoning status, then check what is actually being built.
What Did the September 18 Ruling Change for Your Condo Search?
On September 18, 2026, the SJC rejected Marshfield's challenge to the MBTA Communities Act. CommonWealth Beacon reported that the court rejected the town's case "on every argument it raised."
That changes the big question for first-time buyers.
It is no longer: Will this zoning law survive?
It is now: Has the town you like complied, where is its multifamily district, and is anyone building condos there?
Condos, townhomes, and smaller multifamily buildings are often the first step into ownership, and Greater Boston has not built enough of them. This law creates a clearer path for more homes near transit.
But some new homes will be rentals, and some districts may see little building. Treat compliance as the starting filter, not the finish line.
The challenge to the law itself has failed. For a handful of holdout towns, the local fight continues.
How Did Greater Boston Get Here?
The MBTA Communities Act passed in 2021 under former Gov. Charlie Baker, according to CBS Boston. CBS Boston also reported these milestones:
•2025: In Attorney General v. Town of Milton, the SJC ruled that the Attorney General can enforce the law.
•January 29, 2026: Attorney General Andrea Campbell sued nine noncompliant towns.
•September 18, 2026: The SJC rejected Marshfield's challenge.
So what does the law require?
REBA (the Real Estate Bar Association) published an update in April 2026. It says each MBTA community must create at least one zoning district of "reasonable size." In that district, multifamily housing must be allowed as of right: projects that follow the district's rules can get approved without a special vote or permit hearing. The district must allow at least 15 units per acre and sit no more than 0.5 miles from public transit. Confirm local details with your agent or the town planner.
Progress has been steady, though not fast. In January, CBS Boston reported 165 of 177 towns were complying, with about 7,000 homes underway. By September, those figures reached 168 towns and over 10,000 homes. Only three more towns joined in eight months. The bigger jump was in homes moving forward in towns that had already complied.
How Can You Check Whether Your Target Town Allows New Condos?
Start with the town's compliance status before you fall in love with listings.
As of August 31, 2026, the Executive Office of Housing and Livable Communities (EOHLC) listed 157 compliant and 9 noncompliant MBTA communities. Another 2 were conditionally compliant, meaning approved with conditions the town still has to meet. Another 9 were under review, meaning the town submitted zoning the state hasn't yet ruled on. Together, those 157, 2, and 9 make up the 168 often cited as complying.
MBTA Communities Compliance Status as of August 31, 2026
Breaks down the reported EOHLC compliance status of Massachusetts MBTA communities as of August 31, 2026.
TOTAL
Compliant communities
89%157
Conditionally compliant communities
1%2
Communities in interim compliance (applications under review)
5%9
Noncompliant communities
5%9
| Series | Label | Value |
|---|---|---|
| Communities | Compliant communities | 157 |
| Communities | Conditionally compliant communities | 2 |
| Communities | Communities in interim compliance (applications under review) | 9 |
| Communities | Noncompliant communities | 9 |
Source:EOHLC compliance sheet dated August 31, 2026 (as reported)
Your practical checklist:
1. Check the state list.
Look up the town on the EOHLC MBTA Communities compliance page.
2. Find the district map.
Go to the town planning department's website. The district may cover only part of town, often near transit.
3. Match your search to the map.
Don't assume the whole town allows new multifamily housing.
4. Ask what has been filed.
A compliant district with no project filings may not create new homes soon.
5. Ask whether homes will be condos or rentals.
Ask the developer or planning office how units will be sold or leased.
Step 1 matters most if you're watching one of the nine towns in the January lawsuit:
Dracut, East Bridgewater, Halifax, Holden, Marblehead, Middleton, Tewksbury, Wilmington, and Winthrop.
CBS Boston reported that Holden scheduled a compliance vote and East Bridgewater planned another attempt at Town Meeting. Some statuses may have changed since.
Verify a town's current status before building a buying plan around it.
Where Won't the Ruling Help Buyers Yet?
The ruling helps most in towns that already have workable multifamily zoning. It helps less in holdout towns, for now.
According to a National Zoning Atlas report on Massachusetts MBTA communities (which groups towns as fully compliant, partially compliant, or noncompliant), noncompliant communities had an 83% homeownership rate and a $136,000 median household income. That compares with a 61% homeownership rate and $119,000 median income in fully compliant communities.
How MBTA Compliance Groups Differ Demographically and Economically
Compares income and homeownership patterns across fully compliant, partially compliant, and noncompliant MBTA communities.
Median household income
Home-ownership rate
| Series | Label | Value |
|---|---|---|
| Median household income | Fully Compliant | $119,000 |
| Median household income | Partially Compliant | $127,000 |
| Median household income | Noncompliant | $136,000 |
| Home-ownership rate | Fully Compliant | 61% |
| Home-ownership rate | Partially Compliant | 76% |
| Home-ownership rate | Noncompliant | 83% |
Source:Massachusetts
In plain English: holdout towns are wealthier, more owner-occupied markets built around single-family homes. Few entry-level condos exist there today, and new ones may stay scarce until lawsuits, votes, or enforcement change local rules. New condo supply is more likely to grow in compliant towns, which already have more mixed housing.
Two more limits to understand:
First, some of the pipeline will become rentals. That still eases pressure on the overall market, but it won't give you a condo to buy.
Second, the 1,800-plus deed-restricted homes can be a strong opportunity for eligible buyers. Read the income limits and resale rules closely before relying on one.
What Are the Strongest Arguments Against Getting Too Excited?
"Compliance on paper does not mean condos get built."
Partly true. Developers still need land, financing, and a project that makes enough money to be worth building. The law changes the approval path; it doesn't guarantee condos.
Still, the pipeline is moving: CBS Boston counted about 7,000 homes underway in January, and Lawyers for Civil Rights reports over 10,000 by September. Not all of these are condos.
The buyer impact: don't pause your search waiting for a wave of new condos. Watch the pipeline, but keep tracking resale units.
"Holdout towns can still stall, or comply in name only."
This is the stronger worry. CBS Boston reported the Attorney General is already suing nine towns, and CommonWealth Beacon reported the SJC rejected Marshfield's case on every argument it raised. But lawsuits and votes take time.
Winning in court also doesn't force a reluctant town to draw a useful district. Per REBA, the district must be of "reasonable size," allow at least 15 units per acre, and sit within 0.5 miles of transit. Still, a district that meets those minimums can land where nobody builds.
That's why checklist step 4, ask what has been filed, is your real protection. Filings show whether a district is producing homes.
The buyer impact: treat holdout towns as less predictable. If you want a condo in 12 to 24 months, compliant towns with active filings offer the clearest path.
What Should Your 12–24 Month Condo Playbook Look Like?
Use the MBTA Communities Act as a first search filter, then narrow it.
Be realistic on price. New construction usually costs more than older resale condos. The near-term benefit may not be cheap condos. It may be more total inventory, more choices near transit, and less pressure on older entry-level units.
Your October 2026 checklist:
•Confirm the town's MBTA Communities compliance status.
•Pull the town's multifamily district map.
•Check whether projects have been filed.
•Ask whether planned units will be condos or rentals.
•Ask whether any units are deed-restricted.
•Get pre-approved before presales (sales of units before the building is finished) open.
What Is the Bottom Line for First-Time Buyers?
The Massachusetts high court has made one thing clear: the MBTA Communities Act is not going away.
For first-time condo buyers, that is good news with limits. It won't solve affordability overnight or put new condos in every town. But it gives you a smarter way to search: start with zoning, then look at listings.
Your next steps:
1. Identify which towns are compliant.
2. Find where their multifamily districts sit.
3. Track which filed projects may become owner-occupied condos.
That is where your best early opportunities are likely to appear.
