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Bill

H 4099

An Act to prohibit landlords and brokers from requiring broker's commissions to be paid by a tenant or prospective tenant

194th Legislature (2025-2026) Introduced by Jo Comerford and 1 co-sponsor

Bans requiring tenants to pay broker commissions for rentals, shifting costs to landlords or brokers while potentially affecting rental market dynamics and pricing.

Accompanied a study order, see H5337 (under House Rule 27)
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Bill Summary · H 4099

Legislative bill overview

H 4099 prohibits landlords and real estate brokers from requiring tenants or prospective tenants to pay broker's commissions as a condition of renting or leasing residential property. The bill shifts the financial burden of broker fees away from tenants to other parties in the transaction, typically landlords or brokers themselves.

Why is this important

Broker commissions in rental markets can constitute significant upfront costs for tenants already managing security deposits, first month's rent, and moving expenses. This practice disproportionately affects lower-income renters and may create barriers to housing access. The bill attempts to reduce financial friction in the rental market and protect vulnerable populations from unexpected fees.

Potential points of contention

  • Market impact on rental supply: Brokers may reduce services or participation in the rental market if commissions must come from landlords, potentially decreasing available units or listings in certain areas
  • Cost shifting rather than elimination: Landlords may respond by increasing rents to offset lost broker commission revenue, potentially negating tenant savings
  • Enforcement challenges: Defining what constitutes an impermissible "broker's commission" versus legitimate service fees or application processing charges may create ambiguity
  • Commercial vs. residential distinction: Unclear how the prohibition applies to different property types or mixed-use arrangements

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

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