Massachusetts high court rejects rent control ballot question

June 23, 2026 - 18:57

The Massachusetts Supreme Judicial Court has thrown out a proposed ballot question that would have allowed cities and towns to impose rent control, ruling that a drafting error concerning religious exemptions violated the state constitution. The decision effectively dismantles the momentum tenant advocates had built on Beacon Hill, where they had hoped to bypass a legislature that has been cool to the idea.

The court found that the ballot measure's language improperly exempted religious organizations from rent control rules in a way that conflicted with the state's constitutional ban on special legislation. The justices wrote that the exemption was not a simple oversight but a structural flaw that could not be fixed by a court. Because the question was deemed unconstitutional in its entirety, it will not appear before voters.

Advocates for tenants had gathered enough signatures to put the question on the ballot, aiming to overturn a 1994 state law that prohibits rent control across Massachusetts. They argued that rising housing costs are squeezing working families and that local control would allow communities to respond to their own markets. Landlord groups and real estate interests opposed the measure, saying it would discourage new construction and reduce the quality of rental housing.

The ruling is a significant setback for the tenant movement, which had seen rent control as one of the few tools left to address the state's affordability crisis. With the ballot path now closed, advocates will have to return to the State House, where similar bills have stalled for years. The decision also leaves the door open for lawmakers to craft a new, more carefully worded proposal, but political will on the issue remains uncertain.