On June 23, 2026, the Massachusetts Supreme Judicial Court ruled that a proposed rent control ballot question could not appear on the November general election ballot. The court found that the initiative’s exemption for housing operated by religious institutions violated Article 48 of the State Constitution, which prohibits ballot initiatives that relate to religion, religious practices, or religious institutions.
The Big Picture
The initiative sought to impose statewide rent stabilization, limiting annual rent increases to 5% or the change in Consumer Price Index, whichever is lower, and would have applied regardless of a change in tenancy. If successful, Massachusetts would have become the fourth state with statewide rent control, joining California, Oregon, and Washington.
Exemptions included owner-occupied buildings with four or fewer units, units regulated by a public authority, some short-term rentals, newly constructed units (first 10 years), and, central to the Supreme Judicial Court’s decision, housing operated solely for educational, religious, or nonprofit purposes.
After proponents collected enough signatures last December to qualify, the measure was transmitted to the state legislature for consideration. Lawmakers declined to act on the proposal by early May, allowing supporters to continue the initiative process before the Supreme Judicial Court’s ruling. Notably, several high-profile lawmakers in the state opposed the policy, including Governor Maura Healey.
Next Steps
On the ruling, Jackie McCarthy, the Greater Boston Real Estate Board’s Director of Government & Industry Affairs, shared that “the Massachusetts Apartment Association (part of the Greater Boston Real Estate Board) anticipated the likelihood of this result and expects rent control advocates to propose another question for the 2028 ballot. We will continue our fight against this harmful policy and are grateful for [the National Apartment Association’s] valuable assistance and support in this effort.”
NAA’s Perspective
Rent control is based on the misconception that regulating rents improves affordability. Decades of empirical research and real-life examples show that it does more harm than good, worsening supply, affordability, mobility, and overall economic health. These negative impacts were understood by Massachusetts voters when, in 1994, they passed a ballot initiative which banned rent control from the state.
The National Apartment Association (NAA) applauds the Massachusetts Apartment Association (MAA) and the Greater Boston Real Estate Board (GBREB) for their steadfast advocacy against Massachusetts’ Rent Control Initiative and congratulates them on a big win for the rental industry: the defeat of a severe rent control policy. We continue to work with our affiliate partners to support industry advocacy at the state and local levels through initiatives like NAA’s Housing Affordability Program (HAP) and Legal Advocacy Program (LAP), both of which were utilized during this campaign.
To learn more about why the industry cares about rent control, see NAA’s Rent Control policy page or contact publicpolicy@naahq.org.
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