Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S984 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 1305 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 984
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 further regulate tenant fees in rental housing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 4
16	16	SENATE DOCKET, NO. 1305 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 984
18	18	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 984) of James B. Eldridge for
19	19	legislation to regulate junk fees in rental housing. Housing.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act to further regulate tenant fees in rental housing.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by striking out subsection (1)(b) and inserting in place
30	30	3thereof the following subsection:-
31	31	4 (b) At or prior to the commencement of any tenancy, no owner, lessor, real estate broker
32	32	5as defined by section 87PP of chapter 112, or agent thereof may require a tenant or prospective
33	33	6tenant to pay any amount in excess of the following:
34	34	7 (i) rent for the first full month of occupancy; and
35	35	8 (ii) rent for the last full month of occupancy calculated at the same rate as the first month
36	36	9or a security deposit received in accordance with the requirements of this section equal to the
37	37	10first month's rent provided that such security deposit is deposited as required by subsection (3)
38	38	11and that the tenant is given the statement of condition as required by subsection (2);
39	39	12 and (iii) the purchase and installation cost for a key and lock. 2 of 4
40	40	13 SECTION 2. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
41	41	14Official Edition, is hereby amended by inserting at the end of subsection (1)(c) after the word
42	42	15“due” the following:-
43	43	16 “and such penalty shall not exceed fifty dollars or five percent of the tenant’s monthly
44	44	17rental obligation, whichever is less. Such interest or penalty may not be imposed more than once
45	45	18for each failure to timely pay.”
46	46	19 SECTION 3. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
47	47	20Official Edition, is hereby amended by inserting at the end of subsection (7)(A) the following
48	48	21words:-
49	49	22 (7B) An owner, lessor, or agent thereof may not require a tenant to pay a fee or an
50	50	23additional amount solely for holding over after the expiration of a fixed term lease.
51	51	24 (7C) An owner, lessor, real estate broker, or agent thereof may not impose additional
52	52	25amounts for renewing a lease or rental agreement or substituting parties to a lease or rental
53	53	26agreement and may not increase any security deposit amount during the tenant’s occupancy.
54	54	27 (7D) Except as permitted in section 22 of chapter 186, an owner, lessor, or agent thereof
55	55	28may not require in a lease or rental agreement that the tenant be responsible to the owner, lessor,
56	56	29or agent thereof for costs or fees in addition to the contract rent including but not limited to,
57	57	30amenity fees, internet fees, or renters or liability insurance. Any such costs or fees must be
58	58	31optional, at the election of the tenant, and agreed to in a writing that contains (i) a description of
59	59	32the good or service the fee or cost is for, (ii) the amount of the fee or cost for the good or service,
60	60	33and (iii) instructions for how the tenant can cancel or opt out of the good or service. At the 3 of 4
61	61	34tenant’s election, such optional fees may be included in the contract rent where the tenant’s rent
62	62	35is subsidized by a third party.
63	63	36 (7E) An owner, lessor, or agent thereof shall not require a tenant to use an electronic
64	64	37billing and/or payment system as the only method for the payment of rent. An owner, lessor, or
65	65	38agent thereof shall not assess any fee or other charge for a tenant that chooses not to use an
66	66	39electronic billing and/or payment system.
67	67	40 (7F) Any rental agreement provision that provides that fees and costs may be considered
68	68	41“additional rent” shall be void as contrary to public policy. Notwithstanding a provision in a
69	69	42rental agreement regarding the order of application of tenant payments, the owner, lessor, or
70	70	43agent thereof shall apply tenant payments in the manner designated by the tenant or, if there is no
71	71	44such designation, in the following order:
72	72	45 (i) Rent for the current rental period;
73	73	46 (ii) Outstanding rent from prior rental periods;
74	74	47 (iii) Utility charges;
75	75	48 (iv) Late rent payment charges; and
76	76	49 (v) Any other fees or charges owed by the tenant pursuant to rental agreement or by
77	77	50law.
78	78	51 SECTION 4. Section 15B of chapter 186 of the General Laws, as appearing in the 2022
79	79	52Official Edition, is hereby amended by inserting at the end of subsection (9) the following
80	80	53subsections:- 4 of 4
81	81	54 (10) Lessors or other persons in violation of this section shall pay damages to the tenant
82	82	55or prospective tenant in the amount of 3 times the amount charged in excess of the allowable
83	83	56amount to which the tenant or prospective tenant is entitled, together with court costs and
84	84	57reasonable attorney’s fees.
85	85	58 SECTION 5. Section 20 of chapter 186 of the General Laws, as appearing in the 2022
86	86	59Official Edition, is hereby amended by inserting at the beginning of the paragraph, the following
87	87	60sentence:-
88	88	61 “Where a lease or other written rental agreement allows for the imposition of attorney’s
89	89	62fees, an owner, lessor, or agent thereof shall be prohibited from assessing a tenant any attorney’s
90	90	63fees in connection with the operation or rental of a residential unit unless the owner, lessor or
91	91	64agent thereof has obtained a judgment in its favor on said claim and all appeal rights have been
92	92	65exhausted, and the court, on motion, has determined that the fees are reasonable.”