Massachusetts Court Blocks Rent Control Ballot Initiative

The Supreme Judicial Court of Massachusetts ruled on June 23, 2026, that a ballot initiative to reinstate statewide rent control is unconstitutional and cannot appear on the November 2026 election ballot. The court found that the proposal violated Article 48 of the state Constitution because it included an exemption for housing units operated solely for religious purposes, which the court determined impermissibly makes religion a factor in the petition's application.

The proposed measure would have repealed a 1994 ban on rent control and capped annual residential rent increases at 5% or the Consumer Price Index, whichever was lower. Attorney General Andrea Campbell had previously certified the question, but she later admitted her office got the certification wrong. This follows other recent court rulings that struck down ballot initiatives regarding legislative stipends and income tax rates due to errors by the Attorney General's office.

Opponents, including the Housing for Massachusetts committee and various real estate interests, praised the decision for protecting the housing pipeline. Conversely, tenant advocates and the Keep Massachusetts Home campaign expressed disappointment. On June 24, advocates rallied at the Massachusetts State House to urge the state Legislature to pass alternative rent control bills. Boston Mayor Michelle Wu criticized the legislative inaction on the issue, while campaign leaders stated the court's technical objections are easily fixable for future attempts.