The decision last week by a Massachusetts Court to take a statewide rent control measure off the ballot was a win for housing providers. It also speaks to the value of the National Association of REALTORS®’ advocacy outreach on state and local issues.
On June 23, the Massachusetts Supreme Judicial Court invalidated a statewide rent control ballot measure, preventing what would have been the nation’s most restrictive rent control policy from appearing on the state’s November 2026 ballot.
The ruling follows a legal challenge brought by housing providers, which NAR supported through an amicus brief that outlined legal, economic and policy considerations in opposition to the measure.
The ballot measure sought to repeal the Massachusetts Rent Control Prohibition Act of 1994 and replace it with a statewide system of rent regulation. As drafted, the measure would have applied broadly, with limited exemptions, and would have established a framework governing rent increases and property operations. The proposal did not include provisions addressing how housing providers would manage rising expenses such as property taxes, insurance, maintenance and capital improvements.
In their challenge, the plaintiffs argued that the Attorney General’s certification of the ballot measure was improper. The court’s decision prevents the measure from appearing before voters, effectively ending consideration of the proposal in its current form.
Taking It to the Courts
“We know affordability is a concern, but we also know that rent control policies don’t work as intended,” says NAR Executive Vice President and Chief Advocacy Officer Shannon McGahn. “I’m proud of our work to oppose this measure and look forward to continuing our advocacy efforts to increase housing supply, which is the true driver of affordability issues.”
The association’s legal advocacy approach has been increasingly proactive, McGahn says. “In recent years, NAR has increased its legal advocacy work, taking the fight for property rights all the way to the Supreme Court to protect the rights of mom‑and‑pop housing providers.”
The legal challenge in Massachusetts wasn’t the only avenue NAR and local organizations took to oppose the measure. NAR had also committed an Issues Mobilization Grant to support the Massachusetts Association of REALTORS®’ on-the-ground work to use data and research to educate voters on rent control policies.
One local coalition—Housing for Massachusetts—said in a statement following the ruling, “We are incredibly grateful to the countless small property owners, real estate professionals, elected officials, and community leaders who supported our coalition, and we look forward to working together to create more homes and tackle affordability through real policy solutions.”
The Work Continues
For housing providers and industry groups, the court’s decision offered a solid win, but continued vigilance is needed: Rent-control advocates told the Boston Herald last week that they’ll continue to fight for a state legislative measure.
