Key facts
- The Massachusetts Supreme Judicial Court has ruled that a ballot question to reintroduce rent control cannot be presented to voters in November.
- The court determined the proposal was unconstitutional due to a religious exemption for certain housing units.
- The proposed measure would have capped annual rent increases at the rate of the Consumer Price Index, with a maximum of 5%.
- Opponents of the measure, including real estate industry groups, had filed a lawsuit challenging its constitutionality.
- Proponents of rent control stated the decision was a disappointment but indicated they would continue their advocacy and potentially pursue the issue in 2028.
The Massachusetts Supreme Judicial Court has ruled that a ballot question aimed at reinstating rent control in the state cannot proceed to the November ballot. The court's decision, authored by Justice Frank Gaziano, found the proposal unconstitutional because it included an exemption for housing units operated for religious purposes. The state constitution prohibits ballot measures that relate to religion from being put before voters.
The proposed rent control measure would have limited annual rent increases to the rise in the cost of living, capped at 5%. Advocates for the measure, who had gathered over 157,000 signatures, expressed significant disappointment. Noemi Ramos, chair of the Keep Massachusetts Home campaign, called the ruling a "massive disappointment" and blamed real estate interests for the lawsuit that challenged the petition. She indicated that proponents would continue their efforts and might aim for the 2028 ballot, suggesting the issue with the religious exemption is "easily fixable."
Conversely, opponents of rent control celebrated the court's decision. Conor Yunits, leading the opposing ballot committee, stated that the ruling protects the housing pipeline and communities from the "proven damage that rent control inflicts." He expressed gratitude to supporters and a commitment to finding "real policy solutions" to address affordability.
The Supreme Judicial Court has been active in reviewing ballot initiatives this cycle, having previously blocked a measure to lower the state income tax while approving others related to recreational marijuana sales and primary election overhauls. Voters in Massachusetts are still expected to face a substantial ballot with potentially up to eight questions in November.