1 of 1
HOUSE DOCKET, NO. 54 FILED ON: 1/5/2023
HOUSE . . . . . . . . . . . . . . . No. 1371
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Lindsay N. Sabadosa and Joanne M. Comerford
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to prohibit landlords and brokers from requiring broker's commissions to be paid by a
tenant or prospective tenant.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/4/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/5/2023 1 of 2
HOUSE DOCKET, NO. 54 FILED ON: 1/5/2023
HOUSE . . . . . . . . . . . . . . . No. 1371
By Representative Sabadosa of Northampton and Senator Comerford, a joint petition
(accompanied by bill, House, No. 1371) of Lindsay N. Sabadosa and Joanne M. Comerford (with
the approval of the mayor and city council) that the city of Northampton be authorized to
prohibit landlords and brokers from requiring broker's commissions to be paid by tenants or
prospective tenants. Housing. [Local Approval Received.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to prohibit landlords and brokers from requiring broker's commissions to be paid by a
tenant or prospective tenant.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. No licensed real estate broker or other person or entity engaged in the rental
2or leasing of residential real estate in the City of Northampton as agent of the landowner,
3landlord, lessor, or sub-lessor shall demand, receive, or retain any payment, fee, commission or
4other charge from a tenant or prospective tenant for any services on behalf of such landowner,
5landlord, lessor, or sub-lessor for the listing, showing, qualifying of prospective tenants,
6preparation and execution of documents, or otherwise arising out of the leasing of a residential
7rental unit in such city.
8 SECTION 2. No landowner, landlord, lessor, or sub-lessor shall demand or require that a
9tenant or prospective tenant retain, hire or engage a rental agent or broker and pay such agent or
10broker a fee or commission as a condition to applying for or leasing a residential rental unit in 2 of 2
11the City of Northampton, and no such landowner, lessor, or sub-lessor shall demand or require
12that a tenant or prospective tenant make any payment in violation of SECTION 1 of this act.
13 SECTION 3. Violation of this act shall constitute an unfair or deceptive act or practice in
14the conduct of a trade or commerce in violation of section 2 (a) of chapter 93A.
15 SECTION 4. The City of Northampton may, by ordinance, establish a fine or penalty for
16violation of this act, not to exceed $1,000.00 per violation.
17 This act shall take effect upon passage.