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Massachusetts High Court Disqualifies Statewide Rent‑Control Ballot Question

By finding a religious exemption made the petition unconstitutional, the court removed the ballot pressure that had driven housing talks, prompting an internal review of the attorney general’s certification procedures.

Overview

  • The Supreme Judicial Court ruled on Tuesday, June 23, that the rent‑control petition cannot appear on the November ballot because an exemption for units in religious facilities made the measure impermissibly relate to religion under Article 48.
  • The initiative would have repealed the 1994 statewide ban on rent control and capped annual rent increases at the lower of the consumer price index or 5 percent, applying automatically across every city and town in Massachusetts.
  • The court’s decision sharply reduced the bargaining leverage that had produced late negotiations between tenant advocates and major real estate groups and left those talks largely stalled.
  • Attorney General Andrea Campbell, who had certified the petition, acknowledged mistakes in the certification process and said her office will review and revise how it vets ballot questions.
  • Organizers say the drafting flaw can be fixed, plan to consider refiling or pursuing legislative routes, and supporters point to the campaign’s large signature totals as a sign the issue and pressure for housing change will persist.