Massachusetts Statewide Rent Control Prohibition

Adopted by ballot initiative in 1994, MGL Chapter 40P explicitly prohibits all forms of rent control, including limits on rental rates, restrictions on initial rents, and removal permits, in every Massachusetts municipality. Section 3 of Chapter 40P preempts any local law, ordinance, by-law, charter provision, or regulation that would limit rents charged for residential real property. Municipal home rule petitions seeking to reinstate rent control require special legislative action and the Legislature has consistently declined such requests through 2025. The prohibition does not affect lawful inclusionary zoning or affordability covenants tied to subsidies.

Local rent control measures are void as a matter of law under Chapter 40P, Section 4; landlords harmed by attempted enforcement may seek declaratory relief and damages in Superior Court.