HOUSE DOCKET, NO. 3673        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 214

The Commonwealth of Massachusetts

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PRESENTED BY:

Tackey Chan

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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 relative to consumer rights of renters.

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PETITION OF:

HOUSE DOCKET, NO. 3673        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 214

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to consumer rights of renters.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 112 is hereby amended by inserting after section 87ZZ the following new section: -

Section 87ZZ ½.  Realtors, landlords, residential management companies, or individuals acting on behalf of a property owner pursuant to section 15B of chapter 186, may only charge potential tenants for the following: (i) rent for the first full month of occupancy; (ii) rent for the last full month of occupancy calculated at the same rate as the first month; (iii) a security deposit equal to the first month's rent provided that such security deposit is deposited as required by subsection (3) of section 15B of chapter 186 and that the tenant is given the statement of condition as required by subsection (2) of section 15B of chapter 186; (iv) the purchase and installation cost for a key and lock; and (v) a brokerage fee in an amount not exceeding one month’s rent.

Realtors, landlords, residential management companies, or individuals acting on behalf of a property owner, shall not charge, collect, or encourage payment of supplemental fees. Supplemental fees are fees levied against the prospective tenants or current tenants that are not clearly defined by the lease. This includes fees charged to current or prospective tenants for finding a new tenant, when the current or prospective tenant found the new tenant themselves. Further, supplemental fees may be referred to but are not limited to, “processing fees,” “administrative fees”, “transactional fees,” “compliance fees,” and “additional fees” and charges the tenant for: background checks, credit checks, state mandated property inspections, commission payments, cleaning of the residential dwelling, lawn care and landscaping maintenance, pest control, and any personal out of pocket expenses, which should be paid by the property owner.

Realtors, landlords, residential management companies, or individuals acting on behalf of a property owner, shall not require the signing of a lease more than 2 months in advance of expiration date of the current lease. Requiring, asking, coercing, or encouraging lease signing, more than 2 months in advance of the current lease expiration date may result in penalty or fines.

The board of real estate brokers and salespersons shall promulgate rules, regulations and penalties relative to implementation of this section.