Does Massachusetts have rent control? The answer is straightforward—
The Answer
No. Massachusetts does not have rent control laws. Landlords can charge you and increase your rent as much as they see fit. They are required to give you written notice. The new amount is only legal after both parties have signed a new rental agreement.
The History of Rent Control in Massachusetts
In the 1970s, several Massachusetts cities, including Boston, Cambridge, and Brookline, adopted rent control measures that limited annual rent increases to around 3-5%, often based on the consumer price index.
Landlords were also allowed to raise rents a “reasonable and just” amount based on costs or improvements. Lawmakers and voters found that these measures worsened housing quality without improving the housing supply.
Landlords argued that the inability to raise rents reduced the incentives to maintain and improve their properties.
The referendum ended with 51% of voters choosing to eliminate rent control across the state. Since then, landlords have had more flexibility in setting rent prices, though tenants still need protection.
What Tenant Protections Are in Place?
Although rent control is no longer in effect, Massachusetts still has strong tenant protection laws designed to ensure fair treatment in the rental market. Here are some key rules and regulations currently protecting tenants:
- Leases: A lease generally means a signed agreement to rent an apartment for a specified period and a monthly charge. Rent can only be increased at the end of the lease, unless the lease states otherwise.
- Late Payments: A landlord cannot charge interest or a penalty on late rent until 30 days after the due date. However, the landlord can begin the eviction process immediately.
- Discrimination: In Massachusetts, landlords can’t refuse to rent based on your sexual orientation, race, religion, family status, disability, socioeconomic status, or rental subsidy.
- Security Deposit Limits: In Massachusetts, landlords are not allowed to charge more than the equivalent of one month’s rent as a security deposit. They must also hold the deposit in a separate, interest-bearing account.
- Housing Courts: Massachusetts has specialized housing courts designed to handle disputes between landlords and tenants. These courts make it easier for tenants to defend their rights and for landlords to address rental issues in a legal forum.
- Inspection Requirements: In cities like Boston, landlords must register and maintain rental properties to meet certain health and safety standards. Failure to do so can result in fines or penalties.
- Privacy: Your landlord must notify you before coming to your house. You must arrange a date and time when both of you can be present, and they can’t enter your house without your permission.
Why Rent Control Was Eliminated
One significant reason rent control was eliminated was the argument that it restricted property owners’ rights and discouraged investment in housing. Landlords claimed they could not maintain their properties properly or make a profit due to the limitations placed on how much they could raise rents.
Additionally, opponents of rent control argued that it created a two-tiered housing market, where long-term tenants paid much less than newer tenants, leading to inequality within the rental market.
There were also concerns that rent control discouraged new housing developments. If developers knew they would face rent restrictions, they would be less likely to build new rental units, exacerbating housing shortages in areas like Boston where demand was already outstripping supply.
Could Rent Control Return?
Though Massachusetts currently does not have rent control, there has been increasing talk about its possible return, especially in areas like Boston, where housing affordability has become a significant issue.
In recent years, some Massachusetts lawmakers have proposed bills allowing cities and towns to implement their rent control policies.
In March 2022, Mayor Michelle Wu formed a Rent Stabilization Advisory Committee to study local housing conditions and the structure and outcomes of rent stabilization programs in other cities and to recommend a policy that would stabilize rents by capping annual rent increases.
Alternatives to Rent Control
Even though rent control hasn’t returned, other measures are being considered to help address the housing affordability crisis. These include:
- Affordable Housing Initiatives: Some cities, like Boston, have implemented affordable housing requirements for new developments. Developers must include affordable units or contribute to an affordable housing fund. These policies aim to increase the availability of low-income housing without imposing rent control.
- Rental Assistance Programs: Massachusetts has several programs to help low-income tenants cover rent payments. Programs like the Massachusetts Rental Voucher Program (MRVP) provide financial aid to tenants, helping them remain in their homes even as rents rise.
- Inclusionary Zoning: This policy requires developers to include a certain percentage of affordable housing units in new developments. It helps ensure that as new buildings go up, low-income residents still have affordable options.
- Short-Term Rental Regulations: With the rise of platforms like Airbnb, some cities have implemented regulations on short-term rentals to ensure that vacation rentals don’t overly dominate housing stock. These regulations can help maintain long-term rental availability for residents.
