
Brookline’s push to reestablish a cap on rent increases cleared another hurdle this month, with the town’s home rule petition winning initial approval in the Massachusetts Senate, a procedural step before a final vote in that chamber in April.
If approved, the bill would move to the House, bringing the town one step closer to regaining the authority to enact rent stabilization for the first time since 1994, when Massachusetts voters approved a statewide ballot question banning rent control as it previously existed.
Because of Chapter 40P of the Massachusetts General Laws , enacted through that 1994 ballot question, Brookline must obtain authorization from the Legislature through a home rule petition before adopting rent stabilization locally. If approved, it would become the first Massachusetts municipality to implement rent regulation in more than three decades.
The proposal reached Beacon Hill after a November 2023 Special Town Meeting vote, when members approved a warrant article 112–107, with 13 abstentions, directing the town to seek state authorization.
Alec Lebovitz, a Town Meeting and Advisory Committee member who was one of the article’s original petitioners, said the policy was crafted in response to sharp rent increases threatening to displace residents.
“I can remember speaking to one young woman who rents a home with her partner and her daughter,” Lebovitz said. “She was facing, at that time, an increase in her rent, $800 a month. No repairs had been made to the house. Nothing had changed, except that the landlord determined he could charge that much.”
Under the proposal, Brookline could cap annual rent increases at the Consumer Price Index plus 3%, or 7%, whichever is lower. Newly constructed units would be exempt for 15 years, along with owner-occupied properties with four units or fewer.
“We were very deliberate when we crafted our home rule petition to try and build more flexibility to avoid creating that disincentive,” Lebovitz said, referring to concerns about discouraging new housing development.
The Brookline petition is advancing as voters prepare to consider a separate statewide initiative petition that would repeal Chapter 40P and establish a framework for rent stabilization to be imposed on every municipality in the commonwealth.
That proposal would limit annual rent increases for most covered units to the Consumer Price Index or 5%, whichever is lower, including after tenant turnover. It would exempt owner-occupied buildings with four or fewer units and housing constructed within the past 10 years.
Under the state’s initiative process, proponents may negotiate with lawmakers before the measure appears on the ballot. Carolyn Chou, executive director of Homes for All, told The Boston Globe earlier this month that the group would consider dropping the measure if lawmakers passed a “strong” rent control policy.
The prospect of that more sweeping measure is shaping debate over authorizing individual municipalities like Brookline to adopt more limited policies.
“I support communities voting, by community, for if they want rent stabilization,” said Sen. Cindy Creem, D-Newton, who filed Brookline’s home rule petition in the Senate and said affordability is the top concern she hears from constituents.
“I think it makes more sense to do that versus the broad issues in the ballot,” Creem said. “What Brookline is doing is more realistic.”
Rep. Tommy Vitolo, D-Brookline, said he views his role on home rule petitions as advancing the will of the Town Meeting.
“If Town Meeting says they want it, it’s now my job to try to make it happen,” Vitolo said.
However, while acknowledging that rent caps could help current tenants, he warned of long-term tradeoffs.
“It will certainly improve the housing affordability situation for the people who have housing,” Vitolo said. “It’s not clear that the folks who want to move in but now can’t find a place will feel quite as good about it.”
Vitolo said rent stabilization does not address what he sees as the underlying cause of rising costs.
“The problem with housing prices is that supply isn’t meeting demand. We need more housing,” he said.
Rep. Kevin Honan, D-Boston, who chaired the Legislature’s Committee on Housing for 17 years, came out more decidedly in favor of Brookline’s petition.
“I would be supportive of that,” Honan said. “The cost of housing is out of control.”
Honan said the proposal strikes a balance by allowing rent increases while offering predictability.
“That’s still a rent increase that would allow a property owner to maintain the property and make a profit,” he said.
Asked about concerns that rent stabilization could deter new housing construction, Honan said he didn’t anticipate that problem in high-demand communities like Brookline.
“Many of these communities are so desirable to live in that production will continue,” Honan said.
Doug Quattrochi, executive director of MassLandlords, a statewide landlord trade association that counts Brookline property owners among its ranks, said his organization opposes any rent caps that do not compensate property owners.
“An uncompensated cap is a nonstarter,” Quattrochi said.
He argued that Chapter 40P allows rent regulation only if landlords are reimbursed for the difference between market rent and the controlled rate, and said limiting rent without compensation amounts to taking private property without payment.
Quattrochi acknowledged that no municipality in the country currently operates a compensated rent control system and that such an approach would require significant local budget overhauls.
“We would never argue against teachers, firefighters, or police budgets. It’s all super important,” Quattrochi said. “But towns also fund discretionary projects like dog parks and conservation. At the end of the day, if you want rent-burdened people to remain in your community, someone has to decide how to pay for it.”
Quattrochi noted that the landlord advocacy group Housing for Massachusetts coalition has already filed suit challenging the statewide initiative petition, arguing that repealing Chapter 40P’s compensation requirement through an initiative petition violates a clause in Article 48 of the state Constitution prohibiting initiative petitions that aim to contravene “the right to receive compensation for private property appropriated to public use.”
He said Brookline’s home rule petition would likely face similar legal challenges if enacted without compensation.
“This rent control stuff is not going to happen,” he said. “Option one, compensation, is the bottom line; option two is we’re suing.”
Correction: A previous version of this article misspelled the name of MassLandlords director Doug Quattrochi. The article has been updated.



