The court challenge explains that the proposal would bring down property values across the state and would give no latitude to cities and towns wanting to opt out of rent caps.
Worcester, Mass.
Worcester, Mass.

The National Association of REALTORS® has joined the U.S. Chamber of Commerce and the Associated Industries of Massachusetts in filing a brief in support of a legal challenge in the Supreme Judicial Court of Massachusetts to a proposed statewide rent control ballot measure in that state. If the legal challenge doesn’t succeed, the measure is scheduled to appear on the November 2026 general election ballot.

A Restrictive, and Ultimately Detrimental, Proposal

NAR State and Local Policy Representative Drew Myers says the ballot measure “would establish the most restrictive statewide rent cap currently contemplated in the United States.”

Specifically, it would cap rent increases at 5% or the level of inflation, whichever is lower, in every city and town across the Commonwealth of Massachusetts. The ballot proposal offers few exceptions.

Conor Yunits, executive vice president of the Issues Management Group, is chairing a coalition group that opposes the measure. Both the Massachusetts Association of REALTORS® and the Greater Boston Real Estate Board are key members of that group. Yunits told REALTOR® News in March that passage would result in depressed real estate values, putting municipalities that depend on property tax revenue in a fiscal bind.

The brief, filed on April 16, focuses on economic considerations associated with rent control policies, referencing the negative effects on property owners, tenants and local tax bases. Several organizations operating in states and cities where rent control measures are in place also submitted briefs in support of the lawsuit.

Focus Needs to Be on Supply

NAR Executive Vice President and Chief Advocacy Officer Shannon McGahn cited the filing as “a prime example of NAR’s engagement on housing policy issues affecting our members and property owners.” McGahn said the focus of housing policy today needs to be on the supply side—not on forcing rent caps on property owners. “With a shortage of nearly 5 million homes across the country, we need to focus on supply and building for the future.”

This Massachusetts legal challenge represents one of several efforts underway to shape the policy discussion around rent regulation and housing availability as voters prepare to consider the proposed measure in 2026. The Massachusetts Association of REALTORS ® is playing an active role in opposing the ballot measure. Those efforts are supported by a $3 million Issues Mobilization Grant from NAR to educate voters.

The court is expected to rule on the case early this summer.