Vote Language:That Town Meeting does and hereby resolves as follows:
Resolution to Eliminate Mandatory Broker Fees for Tenants
WHEREAS, the Town of Arlington is committed to fostering a fair and accessible rental housing market that minimizes financial barriers for residents seeking housing; and
WHEREAS, Massachusetts General Laws, Part II, Title I, Chapter 186, Section 15B, explicitly limits the amounts landlords may require from tenants at the commencement of a lease to: first month’s rent, last month’s rent, a security deposit equal to one month’s rent, and the cost of purchasing and installing a new lock and key.
WHEREAS, broker fees fall outside this permitted scope, creating a "gray area" that results in inconsistent practices across the state; and
WHEREAS, recent interpretations and advocacy suggest that tenants should not bear the burden of compelled broker fees, as these fees exceed the scope of legally permitted upfront charges; however, a lack of enforcement allows for this practice to persist; and
WHEREAS, cities like Boston, Cambridge, & Somerville, which face the most egregious and compelling tenant-paid broker fees, have submitted home rule petitions to actively address this issue by shifting the responsibility of broker fees from tenants to landlords to reduce housing costs and remove obstacles for renters; and
WHEREAS, Arlington and the Commonwealth of Massachusetts have taken recent steps to improve housing availability and affordability through the MBTA Communities Act and related zoning reforms, which promote increased housing supply in transit-accessible areas and contribute to easing rental pressures; and
WHEREAS, these supply-side measures reflect Arlington’s and the state’s commitment to addressing the housing crisis, but tenant-focused protections, such as eliminating broker fees for renters, are necessary to provide immediate relief and improve affordability on the demand side;
NOW, THEREFORE, BE IT RESOLVED that the Town of Arlington, in Town Meeting assembled, hereby requests that the Select Board work in coordination with relevant local and state entities to:
1. Adopt regulations or pursue legislative action to eliminate the requirement that tenants pay broker fees in rental transactions, instead making it the responsibility of landlords to cover these fees when engaging brokerage services to fill rental vacancies;
2. Clarify and enforce existing state regulations that specify which costs landlords are legally permitted to charge tenants, ensuring broker fees are not improperly passed on to renters;
3. Engage community stakeholders, including tenant advocates, real estate professionals, and landlords, to build support for policies that reduce housing costs and promote fair rental practices;
4. Report findings and recommendations to subsequent Town Meetings regarding the feasibility, structure, and anticipated benefits of shifting broker fee responsibilities from tenants to landlords.
BE IT FURTHER RESOLVED that Town Meeting requests the Select Board continue supporting policies enhancing housing supply, such as the MBTA Communities Act, while prioritizing measures that improve affordability and accessibility in Arlington’s rental market through compliance with state regulations and transparent rental practices.