On the Level

June 2026

SJC Strikes Down Rent Control Ballot Question

Court’s ruling a win for housing production

The Massachusetts Supreme Judicial court yesterday struck down the initiative petition to impose statewide rent control that would have appeared on the November ballot. The court’s ruling is a major win for Massachusetts builders and the state’s efforts to increase housing production. It removes further consideration of rent control from the 2026 election cycle.

In its decision, the court determined that the rent control petition “impermissibly” relates to religion and religious institutions, which are among matters the state Constitution excludes from the initiative petition process. The petition would have exempted from rent control those housing units “in facilities operated solely for ... religious purposes.” The Home Builders and Remodelers Association of Massachusetts (HBRAMA) had raised this same objection to a similar rent control measure in an amicus brief filed with the SJC in 2023. See https://hbrama.com/2023/08/attorney-general-considers-rent-control-ballot-question/

Had the rent control petition proceeded to the fall election and been approved by the voters, it would have represented a significant shift in Massachusetts housing policy and raised concerns throughout the industry regarding its potential impact on investment, property maintenance, and new housing production. The Home Builders and Remodelers Association of Massachusetts worked alongside a broad coalition of housing, business, and real estate organizations to educate policymakers and the public about the unintended consequences that rent control can have on housing production and long-term affordability.

While the withdrawal of this ballot question is welcome news, the conversation around housing affordability is far from over. The association remains committed to advancing solutions that increase housing opportunities, support responsible development, and encourage investment in both new construction and the renovation of existing housing stock.

A copy of the court’s decision can be found below:

Sales Tax Break for New Housing Becomes Law

Gov. Maura Healey has signed into law an exemption from the states 6.25% sales tax on all materials, tools and fuel used or consumed in the construction of certain multi-family housing projects approved by the Executive Office of Housing and Livable Communities (EOHLC). To qualify for the sales tax exemption, a housing project must be located in a census tract where the median household income is below 120 percent of the average household income or includes not less than 15 percent affordable units as defined by the EOHLC.

This sales tax exemption for new housing construction was among the policy recommendations contained in the final report of the Unlocking Housing Production Commission. HBRAMA Past President Jeff Brem served on the commission on behalf of the association. As many multi-family developments include a set-aside of affordable units, it is believed the sales tax exemption will likely benefit numerous apartment projects, including those developed under the MBTA Communities Law.

If the sales tax exemption is proven to be successful in lowering the cost of these multi-family projects, HBRAMA may seek to expand the law in the future to include other types of housing.

The governor signed the sales tax exemption into law on June 15 as Section 22 of Chapter 101 of the Acts of 2026. It became effectively immediately upon her signature.

HBRAMA Opposes Surcharge on Ready-Mixed Concrete

The Home Builders and Remodelers Association of Massachusetts recently testified at the State House in opposition to a bill that would impose a surcharge of $6 per cubic yard on ready-mixed concrete to fund a state assistance program for homeowners who have been affected by crumbling concrete foundations. HBRAMA counsel and lobbyist Benjamin Fierro urged the Joint Committee on Financial Services to strike the surcharge from Senate Bill No. 3091, An Act creating crumbling concrete relief for homeowners.

Fierro argued that the committee should reject any legislation that would add to the already high cost of building housing in the commonwealth. He noted that depending upon the size of the house, the concrete surcharge could add on average an additional $1,500 in cost. While that may seem relatively minor in the context of overall construction costs, he warned that these incremental additional expenses ultimately push the cost of a new home out of reach of families of average means. He cited the example of proposed stormwater regulations from the Massachusetts Department of Environmental Protection that are estimated to add an additional $18,000 to the cost of every single-family house lot, as well as the additional construction costs associated with the complying with the Municipal Opt-in Specialized Stretch Energy Code.

Senate Bill No. 3091 was also opposed by the Massachusetts Concrete & Aggregate Producers Association. The Massachusetts Association of Realtors testified in support of the bill.

A copy of the legislation can be found below:

Tufts Study Finds Starter Home Petition Would Boost Home Production

The initiative petition to automatically allow single-family homes wherever there is adequate space, direct road access, and existing water and sewer service would produce a meaningful increase in starter homes, concludes a recent report by The Center for State Policy Analysis at Tufts University.

The starter home initiative petition sponsored by the Legalize Starter Homes ballot committee would generate roughly 750 new homes per year if approved by the voters in November. Although it acknowledges that its analysis involves a lot of uncertainty, the center’s modeling suggests a plausible range from 350 to 1,200 homes per year.

The report suggests that construction at this scale would have a real but limited impact on overall production, increasing single-family home construction by roughly 15 percent and overall housing development by roughly 5 percent. Suburbs would see the biggest increase in home building, especially Boston-area suburbs that already have robust sewer infrastructure and lots that are large enough to split.

Importantly, while the report’s estimate of likely home building is relatively restrained, it found the legal impact is quite large. Roughly 200,000 parcels statewide would have new construction options under this ballot initiative, including a small number of vacant lots and many large lots that could be readily subdivided.

The Home Builders and Remodelers Association of Massachusetts strongly supports the Starter Home initiative petition. The HBRAMA urges its members to encourage their friends, families, workers, suppliers, subcontractors and others to vote for it on Tuesday, November 3rd.

For questions, contact HBRAMA at admin@hbrama.com or (617) 773-3305.