Jun 30

NAR Weighs In on Massachusetts Rent Control Court Challenge

The National Association of REALTORS® (NAR) has joined a coalition of housing organizations in filing an amicus brief with the Massachusetts Supreme Judicial Court, adding its voice to a legal challenge involving a proposed statewide rent control ballot initiative.

The proposed measure would repeal Massachusetts’ longstanding prohibition on rent control and replace it with a statewide system that caps annual rent increases at the lower of 5% or the rate of inflation. Supporters argue the initiative would provide greater housing stability for renters facing rising housing costs, while opponents contend it could discourage new housing development and reduce long-term investment in the state’s housing supply.

In its court filing, NAR argues that the ballot proposal lacks key safeguards typically found in rent stabilization policies. According to the organization, the measure does not adequately account for increasing operating expenses, provide sufficient flexibility for property owners facing financial hardship, or ensure landlords can earn a reasonable return on their investments.

The Massachusetts Association of REALTORS® is leading advocacy efforts opposing the proposal, maintaining that expanding the state’s housing inventory—not implementing statewide rent control—is the most effective path toward improving affordability. Industry groups have also expressed concerns that the initiative could discourage future housing construction at a time when demand continues to outpace supply.

The lawsuit focuses on whether the proposed ballot question complies with constitutional requirements governing statewide initiatives. At the time the brief was filed, the court was considering whether the measure should be allowed to proceed to voters.

Update: The Massachusetts Supreme Judicial Court has since ruled that the proposed rent control question cannot appear on the 2026 statewide ballot, finding that its language violated constitutional restrictions related to ballot initiatives involving religious institutions.

Source: REALTOR® Magazine
“NAR Joins Brief in Massachusetts Rent Control Ballot Lawsuit”
National Association of REALTORS®

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