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Rent Control Issue Heats Up

These two lawsuits were settled by one tedious, seemingly interminable trial in which the judge once asked the parties to meet outside the court-room to resolve some disputes.

The judge put the issue on the ballot, but rent control advocates promptly filed suit in the Supreme Judicial Court of Massachusetts against the state Attorney General, who certified the petition and then prepared a summary for placement on the state ballot.

The advocates allege that a ballot referendum would violate the "home rule" provisions of the state constitution, which affirms the right of local communities to govern themselves.

A decision is expected sometime this summer, but the tenants are planning to defend themselves in a statewide campaign.

But even if the referendum passes, the state legislature could vote to overturn it under Massachusetts law. Kaufman, however, says this was unlikely because of the political implications of overturning a voter mandate.

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In fact, the tenants might have to return to court to block a referendum's results from being implemented. And that means another messy legal fight to keep rent under control.

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