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Massachusetts Statewide Rule

Massachusetts Banned Rent Control in 1994

Few RestrictionsApplies statewide across Massachusetts (2026)

Key Facts

Local rent control
Banned (state-preempted)
Statewide rent cap
None
Preemption statute
Mass. Gen. Laws ch. 40P (1994)
Cities with rent control
None
Last verified: September 5, 2026Source: Massachusetts General Court

Summary

Massachusetts prohibits rent control statewide. Voters abolished it through a 1994 ballot referendum codified as Mass. Gen. Laws ch. 40P, the Massachusetts Rent Control Prohibition Act. No city or town may enact, maintain, or enforce rent control without satisfying the law's narrow exception, which no municipality currently uses. There is no statewide rent cap.

No city or town may enact, maintain or enforce rent control of any kind, except that any city or town that accepts this chapter may adopt rent control regulation that provides: (a) after six months from the date of the initial adoption of rent control regulation by a particular city or town, compliance on the part of property owners as to the rent control regulation or any subsequently adopted rent control regulation shall be entirely voluntary and uncoerced, and the property of a person or entity declining to have his or its property subjected to such regulation shall be wholly unaffected by any aspect of the rent control regulation or any subsequently adopted rent control regulation;

Source: Massachusetts General CourtView official code

Full Breakdown

Mass. Gen. Laws ch. 40P, the Massachusetts Rent Control Prohibition Act, was approved by statewide ballot referendum in 1994. Section 4 provides that "no city or town may enact, maintain or enforce rent control of any kind," defined broadly in Section 3 as "any regulation that in any way requires below-market rents for residential properties." A narrow exception permits a municipality that formally accepts the chapter to adopt voluntary, owner-compensated regulation, but no city uses it. Boston's 2023 home-rule petition to restore rent control never cleared the Legislature, and a 2025-26 statewide initiative petition (25-21) was struck from the ballot by the Supreme Judicial Court in June 2026, so the prohibition remains fully intact.

Violations & Penalties

Any municipal rent control ordinance enacted without meeting the chapter 40P exception is preempted and unenforceable. The statute bars below-market rent mandates plus related controls on evictions, condominium conversion, and services unless a town accepts the chapter and compensates owners.

Frequently Asked Questions

Is rent control legal in Massachusetts?
No. Massachusetts banned rent control statewide through a 1994 ballot referendum codified as Mass. Gen. Laws ch. 40P, the Massachusetts Rent Control Prohibition Act. Section 4 states that no city or town may enact, maintain, or enforce rent control of any kind.
Can a city in Massachusetts pass its own rent control?
Not on its own. State law (ch. 40P) preempts local rent control. A city would need to satisfy the law's narrow exception or obtain new state authorization. Boston's 2023 home-rule petition failed, and a 2026 ballot initiative was blocked by the courts.
Is there a limit on how much rent can increase in Massachusetts?
No. Because rent control is prohibited statewide, there is no legal cap on how much a landlord can raise rent. Landlords must give proper notice to change rent at lease renewal or end a tenancy at will, but the increase amount is unregulated.

Sources

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