Massachusetts Court Strikes Down Statewide Rent Control Ballot Measure

The Massachusetts Supreme Judicial Court struck down a sweeping ballot measure that would have imposed one of the nation’s most restrictive statewide rent control regimes, delivering a significant victory for housing affordability and supply. After the Attorney General certified the measure for the ballot, housing providers filed suit challenging that certification as improper. The National Association of REALTORS® (NAR) supported the housing providers by filing an amicus brief highlighting the measure’s legal, economic, and policy flaws. 

The ballot measure sought to repeal the Massachusetts Rent Control Prohibition Act of 1994, approved by voters more than three decades ago, and replace it with a mandatory statewide rent control system with limited exemptions. As drafted, the proposal failed to provide housing providers with a viable path to maintain fair net operating income or recover rising costs such as property taxes, insurance, repairs, and capital improvements. It also lacked essential safeguards, including any mechanism for hardship relief. 

In its advocacy, NAR emphasized that, despite being well intentioned, the measure would ultimately worsen housing challenges. Extensive economic research shows that rent control suppresses new development, discourages long-term investment, diminishes housing quality, and ultimately limits housing options for renters. 

This victory reinforces NAR’s commitment to advancing housing policies that expand supply, support sustainable investment, and protect both property owners and renters. In collaboration with the Massachusetts Association of REALTORS® and industry partners, NAR continues to champion solutions that promote long-term housing affordability.