HOUSE DOCKET, NO. 3685        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Bradley H. Jones, Jr.

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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 establishing a commission to study the impact of shifting residential broker fees from tenants to landlords.

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PETITION OF:

HOUSE DOCKET, NO. 3685        FILED ON: 1/17/2025

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

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 establishing a commission to study the impact of shifting residential broker fees from tenants to landlords.

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. Notwithstanding any general or special law to the contrary, there shall be a special commission to study and provide recommendations on the potential economic and social impacts of shifting the responsibility of paying real estate broker fees from tenants to landlords in residential leasing transactions within the Commonwealth of Massachusetts.

The commission shall investigate and document the following: (1) the economic burden on landlords and tenants resulting from such a policy change; (2) the effects on the rental housing market, including affordability, availability, and stability; (3) the impacts on real estate brokerage practices and fees; (4) comparisons with jurisdictions that have implemented similar policies; and (5) any anticipated legal, regulatory, or practical challenges.

SECTION 2. The commission shall consist of the secretary of housing and livable communities, or a designee, who shall serve as chair; 1 member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the senate appointed by the president of the senate; 1 member of the house of representatives appointed by the minority leader of the house of representatives; 1 member of the senate appointed by the minority leader of the senate; 2 members appointed by the governor, 1 of whom shall represent the Massachusetts Association of Realtors, and 1 of whom shall represent a tenant advocacy organization; and one economist with expertise in housing policy, to be appointed by the governor.

SECTION 3. The executive office of housing and livable communities shall provide technical and administrative support to the commission. The commission shall hold at least 3 public hearings in geographically diverse regions of the commonwealth to solicit feedback from tenants, landlords, brokers, and other stakeholders.

SECTION 4. The commission shall file its report, including its findings and recommendations, along with any drafts of proposed legislation, with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, and the joint committee on housing no later than 12 months after the effective date of this act.