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SD 35

An Act eliminating forced broker's fees

194th Legislature (2025-2026) Introduced by Will Brownsberger and 3 co-sponsors

Prohibits landlords and brokers from charging or requiring tenant broker fees in residential leases, with civil fines up to $1,000 per violation.

House concurred
0
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Bill Summary · SD 35

Summary: SD 35 — An Act Eliminating Forced Broker's Fees

A Massachusetts bill aimed at prohibiting the collection of broker or agent fees from tenants in residential rental transactions. The measure is designated as Senate Docket No. 35 and has seen House concurrence, with ongoing referral to a consumer protection committee.

Purpose and intent

  • Eliminate up-front or ongoing fees charged to tenants by licensed real estate brokers or other agents in connection with leasing residential property.
  • Prohibit landowners from conditioning rental applications or leases on the tenant paying a broker or agent fee.
  • Establish enforcement mechanisms under consumer protection law to deter and remedy violations.

Key provisions (amends to Chapter 112, General Laws)

  • (b) Prohibition on broker/agent charges to tenants: No licensed real estate broker or other party engaged in rental or leasing on behalf of a landowner may demand, receive, or retain any payment, fee, commission, or other charge from a tenant for services related to listing, showing, qualifying, preparing/executing documents, or other leasing activities.
  • (c) Landlord prohibition on required broker fees: Landowners may not require tenants or prospective tenants to hire a rental agent or pay such fees as a condition of applying for or leasing a residential rental unit. Landlords may not impose fees in violation of subsection (b).
  • (d) Enforcement standard: Violations are deemed an unfair or deceptive act or practice under the Massachusetts consumer protection framework (Chapter 93A, Sec. 2).
  • (e) Penalties: Violations carry a civil fine not to exceed $1,000 per violation.
  • Effective date: The act takes effect upon passage.

Who is affected

  • Tenants and prospective tenants who would otherwise be charged broker or agent fees.
  • Licensed real estate brokers and other entities acting as rental agents for landowners.
  • Landowners, landlords, lessors, and sub-lessors who may have (or require) broker involvement in leasing residential properties.

Enforcement and penalties

  • Violations trigger civil enforcement under Chapter 93A (unfair or deceptive acts or practices).
  • Each individual violation can incur fines up to $1,000.
  • The bill does not specify criminal penalties; it relies on civil consumer protection remedies.

Timeline and legislative status

  • Introduced: February 27, 2025.
  • Senate: Senate Docket No. 35; Senate Bill No. 224.
  • House action: House concurred on February 27, 2025.
  • Referral: Referred to the Committee on Consumer Protection and Professional Licensure (CPPL).
  • Current status: House concurrence achieved; referred to CPPL for further consideration.

Potential impact

  • Reduces upfront housing costs for tenants by removing mandatory broker fees.
  • Improves transparency in leasing transactions and reduces hidden charges at lease initiation.
  • Creates clear statutory protection against forced broker fees, with a measurable civil penalty for violations.
  • Could influence rental advertising, agent involvement, and leasing practices across Massachusetts.

Notes: This summary reflects the bill language and legislative actions as of the latest available docket information.

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

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