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S 224

Increases the designation of certain offenses relating to unlawfully fleeing a police officer and makes such offenses eligible for bail

2025 Regular Session Introduced by George Borrello and 10 co-sponsors

MA S.224 bans tenant-paid broker fees for residential leases, bars landlords from forcing broker hire, and lets Chapter 93A enforcement seek up to $1,000 fines per violation.

REFERRED TO CODES
0
WeVote Research Nonpartisan
Bill Summary · S 224

Summary — S.224 (2025): "An Act eliminating forced broker's fees"

Purpose

This bill prohibits landlords, property owners, and their brokers/agents from requiring tenants or prospective tenants to pay broker fees or to hire a broker as a condition of applying for or leasing residential rental housing in Massachusetts. It is intended to stop the practice commonly called "forced broker's fees" and to protect tenants from being charged broker commissions for services performed for a landlord.

Key provisions

  • Amends Section 87DDD1/2 of Chapter 112 of the General Laws by adding new subsections (b)–(e).
  • Subsection (b): Prohibits any licensed real estate broker or other person/entity engaged as an agent for a landlord from demanding, receiving, or retaining any payment, fee, commission, or other charge from a tenant or prospective tenant for services performed on behalf of the landowner related to listing, showing, qualifying prospective tenants, preparation/execution of documents, or other leasing-related activities.
  • Subsection (c): Prohibits any landowner, landlord, lessor, or sub-lessor from (1) requiring a tenant or applicant to retain/hire a rental agent or broker and pay that agent a fee or commission as a condition of applying or leasing, and (2) requiring any payment from a tenant that would violate subsection (b).
  • Subsection (d): Declares violations to be an unfair or deceptive act or practice under section 2 of Chapter 93A (consumer protection statute).
  • Subsection (e): Establishes a maximum fine of $1,000 per violation. The act takes effect upon passage.

Who would be affected

  • Tenants and prospective tenants of residential rental properties in Massachusetts — would be prohibited from being charged broker fees related to lease transactions.
  • Landlords, property owners, lessors, sub-lessors, property managers, and real estate brokers/agents — prohibited from charging tenants and from conditioning rental on tenant-paid broker fees.
  • Enforcement bodies and private litigants — Chapter 93A provides a vehicle for enforcement and damages claims.

Enforcement & penalties

  • Violations are actionable as unfair or deceptive practices under Chapter 93A, enabling enforcement by the Attorney General and private parties.
  • Monetary penalty capped at $1,000 per violation (statutory fine set by the bill).
  • Effective immediately upon enactment.

Legislative status & timeline (as provided)

  • Filed in Senate (Senate Docket No. 35) — filed 01/06/2025; presented by Sen. Lydia Edwards (petition lists co-petitioners William N. Brownsberger, Cindy F. Friedman, Mike Connolly, Vanna Howard, Russell E. Holmes).
  • Introduced/Read twice and referred to Committee on Finance — 01/23/2025.
  • Referred to Committee on Consumer Protection and Professional Licensure — 02/27/2025.
  • Hearing scheduled 07/14/2025 (A-2).
  • Listed as REFERRED TO CODES in early procedural notes.

Potential impacts and considerations

  • Tenants: immediate reduction in up-front move-in costs where broker-fee charging is currently practiced.
  • Landlords/brokers: potential reduction in revenue from tenant-paid fees; incentives may lead landlords to shift costs into higher rents or to pay brokers from landlord-side commissions.
  • Market practices: may change how rental brokerage services are contracted and paid; could increase competition among brokers for landlord-side contracts.
  • Enforcement: reliance on Chapter 93A may lead to private lawsuits and AG enforcement actions; administrative/operational questions may arise about proving and quantifying violations.

If enacted, S.224 would ban tenant-paid broker fees for residential leases in Massachusetts, authorize Chapter 93A enforcement, and authorize fines up to $1,000 per violation, effective upon passage.

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

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