Massachusetts
Mass. gives noncompliant towns more time to meet MBTA zoning regulations
The Healey administration filed emergency regulations late Tuesday afternoon to implement the controversial law meant to spur greater housing production, after Massachusetts’ highest court struck down the last pass at drafting those rules.
The Supreme Judicial Court upheld the MBTA Communities Act as a constitutional law last week, but said it was “ineffective” until the governor’s Executive Office of Housing and Livable Communities promulgated new guidelines. The court said EOHLC did not follow state law when creating the regulations the first time around, rendering them “presently unenforceable.”
The emergency regulations filed Tuesday are in effect for 90 days. Over the next three months, EOHLC intends to adopt permanent guidelines following a public comment period, before the expiration of the temporary procedures, a release from the office said.
“The emergency regulations do not substantively change the law’s zoning requirements and do not affect any determinations of compliance that have been already issued by EOHLC. The regulations do provide additional time for MBTA communities that failed to meet prior deadlines to come into compliance with the law,” the press release said.
Massachusetts’ Supreme Judicial Court ruled that the state’s attorney general has the power to enforce the MBTA Communities Law, which requires communities near MBTA services to zone for more multifamily housing, but it also ruled that existing guidelines aren’t enforceable.
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The MBTA Communities Act requires 177 municipalities that host or are adjacent to MBTA service to zone for multifamily housing by right in at least one district.
Cities and towns are classified in one of four categories, and there were different compliance deadlines in the original regulations promulgated by EOHLC: host to rapid transit service (deadline of Dec. 31, 2023), host to commuter rail service (deadline of Dec. 31, 2024), adjacent community (deadline of Dec. 31, 2024) and adjacent small town (deadline of Dec. 31, 2025).
Under the emergency regulations, communities that did not meet prior deadlines must submit a new action plan to the state with a plan to comply with the law by 11:59 p.m. on Feb. 13, 2025. These communities will then have until July 14, 2025, to submit a district compliance application to the state.
Communities designated as adjacent small towns still face the Dec. 31, 2025 deadline to adopt compliant zoning.
The town of Needham voted Tuesday on a special referendum over whether to re-zone the town for 3,000 more units of housing under Massachusetts’ MBTA Communities law.
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Like the old version of the guidelines, the new emergency regulations gives EOHLC the right to determine whether a city or town’s zoning provisions to allow for multi-family housing as of right are consistent with certain affordability requirements, and to determine what is a “reasonable size” for the multi-family zoning district.
The filing of emergency regulations comes six days after the SJC decision — though later than the governor’s office originally projected. Healey originally said her team would move to craft new regulations by the end of last week to plug the gap opened up by the ruling.
“These regulations will allow us to continue moving forward with implementation of the MBTA Communities Law, which will increase housing production and lower costs across the state,” Healey said in a statement Tuesday. “These regulations allow communities more time to come into compliance with the law, and we are committed to working with them to advance zoning plans that fit their unique needs.”
A total of 116 communities out of the 177 subject to the law have already adopted multi-family zoning districts to comply with the MBTA Communities Act, according to EOHLC.
Massachusetts
Massachusetts Removes LGBT Ideology Requirements for Foster-Care Parents
Massachusetts will no longer require prospective foster parents to affirm gender ideology in order to qualify for fostering children, with the move coming after a federal lawsuit from a religious-liberty group.
Alliance Defending Freedom said Dec. 17 that the Massachusetts Department of Children and Families “will no longer exclude Christian and other religious families from foster care” because of their “commonly held beliefs that boys are boys and girls are girls.”
The legal group announced in September that it had filed a lawsuit in U.S. district court over the state policy, which required prospective parents to agree to affirm a child’s “sexual orientation and gender identity” before being permitted to foster.
Attorney Johannes Widmalm-Delphonse said at the time that the state’s foster system was “in crisis” with more than 1,400 children awaiting placement in foster homes.
Yet the state was “putting its ideological agenda ahead of the needs of these suffering kids,” Widmalm-Delphonse said.
The suit had been filed on behalf of two Massachusetts families who had been licensed to serve as foster parents in the state. They had provided homes for nearly three dozen foster children between them and were “in good standing” at the time of the policy change.
Yet the state policy required them to “promise to use a child’s chosen pronouns, verbally affirm a child’s gender identity contrary to biological sex, and even encourage a child to medically transition, forcing these families to speak against their core religious beliefs,” the lawsuit said.
With its policy change, Massachusetts will instead require foster parents to affirm a child’s “individual identity and needs,” with the LGBT-related language having been removed from the state code.
The amended language comes after President Donald Trump signed an executive order last month that aims to improve the nation’s foster care system by modernizing the current child welfare system, developing partnerships with private sector organizations, and prioritizing the participation of those with sincerely held religious beliefs.
Families previously excluded by the state rule are “eager to reapply for their licenses,” Widmalm-Delphonse said on Dec. 17.
The lawyer commended Massachusetts for taking a “step in the right direction,” though he said the legal group will continue its efforts until it is “positive that Massachusetts is committed to respecting religious persons and ideological diversity among foster parents.”
Other authorities have made efforts in recent years to exclude parents from state child care programs on the basis of gender ideology.
In July a federal appeals court ruled in a 2-1 decision that Oregon likely violated a Christian mother’s First Amendment rights by demanding that she embrace gender ideology and homosexuality in order to adopt children.
In April, meanwhile, Kansas Gov. Laura Kelly vetoed legislation that would have prohibited the government from requiring parents to affirm support for gender ideology and homosexuality if they want to qualify to adopt or foster children.
In contrast, Arkansas in April enacted a law to prevent adoptive agencies and foster care providers from discriminating against potential parents on account of their religious beliefs.
The Arkansas law specifically prohibits the government from discriminating against parents over their refusal to accept “any government policy regarding sexual orientation or gender identity that conflicts with the person’s sincerely held religious beliefs.”
Massachusetts
Massachusetts orders DraftKings to pay $934K after it botched MLB parlay bets
A costly sportsbook screwup left DraftKings on the hook for nearly $1 million after Massachusetts regulators ordered the payouts tied to a botched MLB parlay scheme.
The Massachusetts Gaming Commission voted 5-0 on Thursday to reject DraftKings’ bid to void $934,137 in payouts stemming from a series of correlated parlays placed during MLB’s 2025 American League Championship Series, according to Bookies.com.
A Massachusetts customer wagered $12,950 total across 27 multi-leg parlays on Toronto Blue Jays player Nathan Lukes, exploiting an internal DraftKings configuration error that allowed the bettor to stack multiple versions of the same bet into one wager.
DraftKings told regulators the bets should never have been accepted and argued the patron acted unethically by taking advantage of an obvious error.
Commissioners flatly rejected that argument.
The wagers were tied to DraftKings’ “Player to Record X+ Hits in Series” market during the seven-game ALCS between Toronto and Seattle.
Because of a misclassification inside DraftKings’ trading tools, Lukes was incorrectly labeled a “non-participant” rather than an active player.
That designation disabled safeguards designed to block bettors from parlaying correlated outcomes from the same market.
As a result, the bettor was able to combine multiple Lukes hit thresholds — including 5+, 6+, 7+ and 8+ hits — into single parlays, functionally creating an inflated wager on Lukes recording eight or more hits at dramatically enhanced odds.
The bettor also added unrelated, high-probability legs, including NFL moneyline bets, to further juice payouts.
Lukes ultimately appeared in all seven games and finished the series with nine hits, clearing every threshold.
Of the 27 parlays placed, 24 hit cleanly. Only three lost due to unrelated college football legs involving Clemson, Florida State and Miami.
During a heated exchange at Thursday’s commission meeting, DraftKings executive Paul Harrington accused the patron of fraud and unethical conduct.
Commissioners bristled. One of them, Eileen O’Brien, blasted DraftKings for casting aspersions on the bettor without evidence and said the situation did not meet the standard of an “obvious error.”
“An obvious error is a legal and factual impossibility,” O’Brien said. “This is an advantage that the patron took.”
She added that DraftKings’ internal failures — not the bettor’s conduct — created the situation.
“We need to seriously consider giving voice to the consumer and getting their half the story,” O’Brien said. “The compulsion to pay will in fact encourage compliance.”
Other commissioners echoed that view, emphasizing that it is the operator’s responsibility to ensure the integrity of its markets.
The commission noted that DraftKings acknowledged the root cause was internal — a configuration failure within its own trading tools — and not the result of a third-party odds provider or external data feed.
Upon discovering the error, DraftKings pulled the affected markets, left the wagers unsettled pending regulatory guidance and implemented corrective fixes.
The company said no other Massachusetts customers were impacted, though the same issue appeared in two other jurisdictions.
The Post has sought comment from DraftKings.
Massachusetts
Deadline nears for Massachusetts Health Connector enrollment
SPRINGFIELD — With just days left before the Dec. 23 deadline, state and local leaders are urging uninsured residents to enroll in health coverage through the Massachusetts Health Connector to ensure they’re protected in the new year. The cutoff applies to anyone who wants coverage starting Jan. 1.
The Health Connector — the state’s official health insurance marketplace — is the only place residents can access financial assistance and avoid misleading “junk” policies that often appear in online searches, according to a statement from the agency.
Officials say the enrollment period is especially critical for people without job-based insurance, gig workers, newcomers to the state and anyone seeking affordable, comprehensive health plans.
At a press conference Wednesday at Caring Health Center’s Tania M. Barber Learning Institute in Springfield, health leaders emphasized that most people who sign up through the Connector qualify for help paying premiums through its ConnectorCare program.
Audrey Morse Gasteier, executive director of the Massachusetts Health Connector, said the state has spent nearly two decades committed to ensuring access to health care and offering the most affordable coverage possible for everyone.
”And despite the federal challenges, we continue to do everything we can to offer coverage to everyone who needs it. Now is the time for people who don’t have coverage to come in, apply, and find out what kind of plan for which they qualify,” she said.
Open enrollment also gives current members a chance to review their coverage, compare options and make changes.
Recent changes in federal policy have caused shifts in coverage and higher premiums for many Massachusetts residents, creating uncertainty and concern, said Cristina Huebner Torres, chief executive vice president and strategy and research officer at Caring Health Center.
“During times like these, trusted, local support becomes even more essential, and our Navigators have been on the very front lines, helping residents understand their options, maintain coverage, and navigate a complex and evolving system,” Huebner Torres said.
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