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Bill

HD 238

An Act eliminating forced broker's fees

194th Legislature (2025-2026) Introduced by Mike Connolly and 4 co-sponsors

Bill prohibits Massachusetts landlords from charging tenants broker's fees for rental vacancies, shifting costs to property owners.

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WeVote Research Nonpartisan
Bill Summary · HD 238

Legislative bill overview

HD 238 would prohibit landlords from charging tenants broker's fees when using a real estate broker to fill rental vacancies. Currently, Massachusetts allows landlords to pass these fees to tenants, effectively making renters pay for the landlord's hiring of a broker. The bill shifts the cost burden entirely to landlords.

Why is this important

Broker's fees can range from half a month's to a full month's rent, creating a significant upfront cost barrier for renters already stretched by deposits and first-month rent. This is particularly impactful in Massachusetts' tight rental markets where these fees are common practice. The change could make housing more accessible to lower-income renters and reduce barriers to finding affordable apartments.

Potential points of contention

  • Real estate industry opposition: Brokers and property management companies may argue the fees compensate their work and that shifting costs to landlords will reduce service quality or increase rents
  • Landlord cost concerns: Landlords claim higher fees will be passed to tenants through increased rent prices rather than absorbed by their businesses
  • Market complexity: Unclear whether the bill applies only to standard rental brokers or affects other fee arrangements; implementation details and enforcement mechanisms may need clarification

Compiled from official sources — confirm details with the bill’s official record.

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