Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H449 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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HOUSE DOCKET, NO. 238       FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 449
The Commonwealth of Massachusetts
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PRESENTED BY:
Tram T. Nguyen
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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 eliminating forced broker's fees.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tram T. Nguyen18th Essex1/7/2025Homar Gómez2nd Hampshire1/8/2025Lindsay N. Sabadosa1st Hampshire1/9/2025Mike Connolly26th Middlesex1/16/2025Tara T. Hong18th Middlesex1/14/2025 1 of 2
HOUSE DOCKET, NO. 238       FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 449
By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 449) of 
Tram T. Nguyen and others for legislation to further regulate broker's fees. Consumer Protection 
and Professional Licensure.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act eliminating forced broker's fees.
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 87DDD1/2 of chapter 112 of the General Laws shall be amended by adding the 
2following paragraphs: -
3 (b) No licensed real estate broker or other person or entity engaged in the rental or leasing 
4of residential real estate in the commonwealth as agent of the landowner, landlord, lessor, or sub-
5lessor shall demand, receive, or retain any payment, fee, commission or other charge from a 
6tenant or prospective tenant for any services on behalf of such landowner, landlord, lessor, or 
7sub-lessor for the listing, showing, qualifying of prospective tenants, preparation and execution 
8of documents, or otherwise arising out of the leasing of a residential rental.
9 (c) No landowner, landlord, lessor, or sub-lessor shall demand or require that a tenant or 
10prospective tenant retain, hire or engage a rental agent or broker and pay such agent or broker a 
11fee or commission as a condition to applying for or leasing a residential rental unit in the  2 of 2
12commonwealth, and no such landowner, lessor, or sub-lessor shall demand or require that a 
13tenant or prospective tenant make any payment in violation of subsection (b) of this act.
14 (d) Violation of this act shall constitute an unfair or deceptive act or practice in the 
15conduct of a trade or commerce in violation of section 2 of chapter 93A.
16 (e) There shall be a fine established, for violation of this act, not to exceed $1,000.00 per 
17violation. This act shall take effect upon passage.