Rent control question cannot appear on ballot in November, Massachusetts' highest court rules

The Massachusetts Supreme Judicial Court ruled Tuesday that a rent control ballot question cannot appear on this November's ballot.

The state's highest court said the ballot question would have exempted religious facilities. Questions relating to religion are not allowed on state ballots. Specifically, the Massachusetts Constitution says "a petition is excluded from the initiative petition process if it … relates to religion, religious practices or religious institutions." 

"Because of this exemption, we conclude that the petition 'relates to religion, religious practices or religious institution,' an excluded matter under Art. 48 of the Amendments of the Massachusetts Constitution," Justice Frank Gaziano wrote in the 27-page ruling.

A group called "Homes for All Massachusetts" put the ballot initiative together and collected the necessary amount of signatures to be on the November ballot.

Massachusetts AG says state "got it wrong"

The proposed ballot question would have capped annual rent increases at 5% per year. Owner-occupied buildings with four or fewer units would have been exempt. Newly constructed buildings would have also been exempt for the first 10 years.

Organizers of the rent control ballot initiative said it would help fix the housing crisis and encourage more people to stay in Massachusetts instead of moving out of state.

Massachusetts Attorney General Andrea Campbell acknowledged in a statement that the state "got it wrong" in certifying the ballot question.

"The rent control ballot initiative sought to cap rent increases statewide, with limited exceptions for nonprofit and religious housing. We certified the initiative because we believed the exemptions avoided the type of interference with religion that the state constitution prohibits. The SJC disagreed and developed a new framework to apply to initiatives that mention religion going forward. We acknowledge we got it wrong and will continue to work diligently to meet our obligations in the ballot question process." 

Rent control supporter calls SJC ruling "technicality" 

Carolyn Chou is the executive director of Homes for All Massachusetts. She said renters need a more immediate solution.

"So we were struck down on a technicality," she told WBZ-TV. "We know that momentum's on our side and we're going to keep fighting for tenants across the state because we need urgent relief. The affordability crisis hasn't gone away just because this ballot crisis has been struck down this year."

Multiple real estate groups opposed the proposal. The Greater Boston Real Estate Board, the Massachusetts Association of Realtors and NAIOP Massachusetts said in a joint statement in November that the proposed ballot question "creates the most restrictive rent control program in the entire United States and forces it on every city and town across the Commonwealth."

Opponent says issue was "glaring, blinking red light"

Greg Vasil, CEO of the Greater Boston Real Estate Board, explained Tuesday why he was behind the fight to kill the rent control ballot question.  

"We looked at it and said this question is flawed and the religion issue was an absolute glaring, blinking red light," Vasil said. "We have a tremendous housing problem in this state. We are trying to get regulations that don't hurt the production of housing. This ballot question would have crippled housing production in Massachusetts."

Massachusetts Gov. Maura Healey said in March that she opposes rent control. She was asked about the SJC ruling on Tuesday.

"I'm asking communities to support housing development. That's the way we're going to lower our costs," Healey said.

Voters in Massachusetts eliminated rent control in 1994.