Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1553 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 2996 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1553
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Samantha Montaño and Amy Mah Sangiolo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to regulate junk fees in rental housing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Samantha Montaño15th Suffolk1/16/2025Amy Mah Sangiolo11th Middlesex1/16/2025Sally P. Kerans13th Essex2/4/2025Christopher Hendricks11th Bristol2/4/2025Christine P. Barber34th Middlesex3/5/2025 1 of 4
16	16	HOUSE DOCKET, NO. 2996 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1553
18	18	By Representatives Montaño of Boston and Sangiolo of Newton, a petition (accompanied by bill,
19	19	House, No. 1553) of Samantha Montaño, Amy Mah Sangiolo and others relative to fees in rental
20	20	housing. Housing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to regulate junk fees in rental housing.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
30	30	2Official Edition, is hereby amended by striking out subsection (1)(b) and inserting in place
31	31	3thereof the following subsection:-
32	32	4 (b) At or prior to the commencement of any tenancy, no owner, lessor, real estate broker
33	33	5as defined by section 87PP of chapter 112, or agent thereof may require a tenant or prospective
34	34	6tenant to pay any amount in excess of the following:
35	35	7 (i) rent for the first full month of occupancy; and
36	36	8 (ii) rent for the last full month of occupancy calculated at the same rate as the first month
37	37	9or a security deposit received in accordance with the requirements of this section equal to the
38	38	10first month's rent provided that such security deposit is deposited as required by subsection (3)
39	39	11and that the tenant is given the statement of condition as required by subsection (2); 2 of 4
40	40	12 and (iii) the purchase and installation cost for a key and lock.
41	41	13 SECTION 2. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
42	42	14Official Edition, is hereby amended by inserting at the end of subsection (1)(c) after the word
43	43	15“due” the following:-
44	44	16 “and such penalty shall not exceed fifty dollars or five percent of the tenant’s monthly
45	45	17rental obligation, whichever is less. Such interest or penalty may not be imposed more than once
46	46	18for each failure to timely pay.”
47	47	19 SECTION 3. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
48	48	20Official Edition, is hereby amended by inserting at the end of subsection (7)(A) the following
49	49	21words:-
50	50	22 (7B) An owner, lessor, or agent thereof may not require a tenant to pay a fee or an
51	51	23additional amount solely for holding over after the expiration of a fixed term lease.
52	52	24 (7C) An owner, lessor, real estate broker, or agent thereof may not impose additional
53	53	25amounts for renewing a lease or rental agreement or substituting parties to a lease or rental
54	54	26agreement and may not increase any security deposit amount during the tenant’s occupancy.
55	55	27 (7D) Except as permitted in section 22 of chapter 186, an owner, lessor, or agent thereof
56	56	28may not require in a lease or rental agreement that the tenant be responsible to the owner, lessor,
57	57	29or agent thereof for costs or fees in addition to the contract rent including but not limited to,
58	58	30amenity fees, internet fees, or renters or liability insurance. Any such costs or fees must be
59	59	31optional, at the election of the tenant, and agreed to in a writing that contains (i) a description of
60	60	32the good or service the fee or cost is for, (ii) the amount of the fee or cost for the good or service, 3 of 4
61	61	33and (iii) instructions for how the tenant can cancel or opt out of the good or service. At the
62	62	34tenant’s election, such optional fees may be included in the contract rent where the tenant’s rent
63	63	35is subsidized by a third party.
64	64	36 (7E) An owner, lessor, or agent thereof shall not require a tenant to use an electronic
65	65	37billing and/or payment system as the only method for the payment of rent. An owner, lessor, or
66	66	38agent thereof shall not assess any fee or other charge for a tenant that chooses not to use an
67	67	39electronic billing and/or payment system.
68	68	40 (7F) Any rental agreement provision that provides that fees and costs may be considered
69	69	41“additional rent” shall be void as contrary to public policy. Notwithstanding a provision in a
70	70	42rental agreement regarding the order of application of tenant payments,
71	71	43 the owner, lessor, or agent thereof shall apply tenant payments in the manner designated
72	72	44by the tenant or, if there is no such designation, in the following order:
73	73	45 (i) Rent for the current rental period;
74	74	46 (ii) Outstanding rent from prior rental periods;
75	75	47 (iii) Utility charges;
76	76	48 (iv) Late rent payment charges; and
77	77	49 (v) Any other fees or charges owed by the tenant pursuant to rental agreement or by law.
78	78	50 SECTION 4. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
79	79	51Official Edition, is hereby amended by inserting at the end of subsection (9) the following
80	80	52subsections:- 4 of 4
81	81	53 (10) Lessors or other persons in violation of this section shall pay damages to the tenant
82	82	54or prospective tenant in the amount of 3 times the amount charged in excess of the allowable
83	83	55amount to which the tenant or prospective tenant is entitled, together with court costs and
84	84	56reasonable attorney’s fees.
85	85	57 SECTION 5. Section 20 of chapter 186 of the General Laws, as appearing in the 2022
86	86	58Official Edition, is hereby amended by inserting at the beginning of the paragraph, the following
87	87	59sentence:-
88	88	60 “Where a lease or other written rental agreement allows for the imposition of attorney’s
89	89	61fees, an owner, lessor, or agent thereof shall be prohibited from assessing a tenant any attorney’s
90	90	62fees in connection with the operation or rental of a residential unit unless the owner, lessor or
91	91	63agent thereof has obtained a judgment in its favor on said claim and all appeal rights have been
92	92	64exhausted, and the court, on motion, has determined that the fees are reasonable.”