Who is a member?
Our members are the local governments of Massachusetts and their elected and appointed leadership.
The state’s highest court ruled on June 23 that a proposed initiative petition to repeal the state’s three-decade ban on rent restrictions cannot move forward to the November statewide election ballot.
A unanimous Supreme Judicial Court ruled that the question could not move forward because it would have exempted units in religious facilities, and religion is among the matters that cannot be subject to an initiative petition under the Massachusetts Constitution.
“[B]y including an express exemption for facilities operated solely for religious purposes, the petition impermissibly makes religion ‘a factor in [the petition’s] application,’” the court wrote in a 27-page ruling. The court said the proposed law would have required the government to determine if a facility is in fact operated for religious purposes, and would have conferred “preferential treatment on religious institutions,” both in violation of the Constitution.
The initiative petition would have repealed the state’s ban on rent control and limited yearly increases on most residential units to either the rate of inflation or 5%, whichever is lower.
Discussions among stakeholders about the proposal in recent weeks had focused on concerns about a statewide mandate that would preempt local decision-making.