Massachusetts high court rejects rent control ballot question
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Massachusetts' top court knocked the petition to return rent control to the state off the November 2026 ballot, ruling its wording violated the state constitution.
Why it matters: Advocates, lawmakers and real estate developers had been working toward a compromise to settle the issue before the more radical ballot language got to voters.
- But with Tuesday's ruling, the issue is dead — both as a ballot question for voters to decide and as a motivating factor pushing Beacon Hill to reach a compromise.
The big picture: The proposal sought to enact the nation's strictest statewide rent cap by limiting annual increases to 5% or the rate of inflation.
Yes, but: The court found that an exemption for "facilities operated solely for educational, religious, or non-profit purposes" ran afoul of the constitution, which prohibits ballot initiatives from involving religious institutions.
Between the lines: Writing for the majority, Justice Frank Gaziano said the explicit religious exemption "impermissibly makes religion 'a factor in [the petition's] application.'"
- Justice Scott Kafker added in a concurring opinion that the rule would require an "intrusive review of religious beliefs and practices."
What they're saying: Conor Yunits, spokesman for the real estate-backed Housing for Massachusetts that opposed the question, said the court's ruling "puts the issue to rest and protects our housing pipeline and our communities from the proven damage that rent control inflicts."
The other side: Tenant advocates expressed disappointment but characterized the exemption as a minor and easily fixable error.
- "Rather than accept any restrictions on their ability to extract profits ... a few private equity-backed real estate investment corporations financed this lawsuit in a desperate attempt to avoid a ballot campaign they were set to lose," wrote Noemi "Mimi" Ramos, executive director of New England Community Project.
The bottom line: The ruling erases the leverage tenant groups held on Beacon Hill as they negotiated a compromise on a local "opt-in" rent cap program that could be adopted town by town.