Press Release  Governor Healey, Attorney General Campbell Warn Against Illegal Renter-Paid Broker Fees

Boston —  Following reports that some brokers and landlords are attempting to charge unlawful broker fees to renters, Governor Maura Healey and Attorney General Andrea Campbell today reminded renters, landlords, and brokers that under Massachusetts law, a broker fee may only be charged to the party who hired the broker.  

Governor Healey and AG Campbell also underscored that their offices are working to ensure renters understand their rights and that landlords and brokers understand their obligations under the new law.  

“Any broker or landlord who continues trying to charge illegal fees is breaking the law, taking advantage of renters who are already struggling with high housing costs, and will be at risk of losing their license,” said Governor Healey. “Renters should know their rights, and if anyone tries to charge them unlawful fees, they should report it immediately.” 

“This law establishes a clear standard: a broker may only charge a tenant a fee if the broker is working for the tenant and not for the landlord,” said Attorney General Campbell. “I encourage anyone who may have been charged an unlawful fee to report it, so that my office can continue protecting renters and helping ensure compliance with the new law.” 

The law, which took effect on August 1, 2025, prohibits landlords of residential rental properties from requiring that renters pay the landlords’ broker fees. Now, the broker’s fees for rental units must be paid by the person who hired the broker or salesperson. The reform was signed into law by Governor Healey as part of broader efforts to lower housing costs and make Massachusetts more affordable for residents. 

Under the law, tenants may only be charged a broker fee if they hired the broker directly to represent them in their apartment search and negotiations. A broker may only charge a tenant when they are providing a service to the tenant and working on the tenant’s behalf, solely with the tenant’s interests in mind. The fact that no formal contract exists with a landlord does not necessarily mean a broker can charge a fee to a tenant. A landlord or broker who requires tenants to pay broker fees for services at least partly provided to landlords violates the Massachusetts Consumer Protection Act, G.L. c. 93A. 

Anyone who thinks they’ve been improperly charged a broker’s fee can contact the Massachusetts Attorney General’s Consumer Advocacy and Response Division online or call 617-727-8400 for assistance.  

In many cases, the Attorney General’s Office (AGO) is able to secure relief for renters without the need for formal enforcement action. For example, the AGO helped a resident obtain a full refund of nearly $1,000 after their landlord unlawfully charged a broker fee. In another case, a tenant reported being charged a broker’s fee for the preparation of lease documents when moving between units in the same building. Following the AGO’s intervention, the landlord waived the $400 fee. 

The Division of Occupational Licensure (DOL), an agency within the Office of Consumer Affairs and Business Regulation, is responsible for oversight of the Board of Registration of Real Estate Brokers and Salespersons. Any consumer who believes they have been illegally charged a broker fee should file a complaint with the board. Complaints against brokers may result in disciplinary action including fines, suspension, or revocation. Consumers with questions may call DOL’s Office of Investigations at 617-701-8756. 

Individuals may also have private rights of action under state consumer protection and landlord-tenant laws. The Healey-Driscoll Administration has released an FAQ for renters, landlords and brokers to help them navigate this new policy and know their rights. The AGO has also released an advisory on the new law. 

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