Introduction
Effective September 2, 2025, Massachusetts is implementing a new consumer protection regulation targeting “junk fees”—undisclosed or misleading additional charges. While these rules are designed primarily for industries such as hotels, airlines, and ticketing, they explicitly apply to rental housing. The term “Product” under the regulation includes “dwelling units available for rent or lease.”
Landlords in Brookline and throughout Massachusetts should be aware that these rules bring significant changes to how rental units can be advertised and leased. Violations could be deemed unfair or deceptive practices under Massachusetts General Laws Chapter 93A and may result in substantial penalties.
Who Is Affected
The regulations apply to any individual or business marketing or offering rental properties to Massachusetts consumers. This includes landlords, property managers, leasing agents, and online platforms listing Massachusetts rentals. The rules cover all forms of advertisements—online, print, or verbal.
Key Requirement: Clear Disclosure of the Total Price
The centerpiece of the regulation is the requirement to disclose the “Total Price” that a tenant will be required to pay. This includes all mandatory fees, charges, or expenses. The total monthly cost must be:
- Stated at the initial point of advertisement
- Presented before collecting any personal information from the tenant
This means landlords can no longer advertise a base rent and add fees later. If you charge a $1,500 base rent plus a $100 amenity fee, you must advertise the rent as $1,600/month.
What Counts as “Clear and Conspicuous”
Disclosures must be made in a way that is easily noticeable and understandable. Requirements include:
- Prominence: The total price must stand out and not be buried in fine print
- Consistency: Disclosures must use the same language and medium as the rest of the ad
- Clarity: Fee descriptions must use simple, plain language
- Accessibility: Online disclosures must be unavoidable (i.e., not hidden behind clicks or small icons)
- No Contradictions: Other parts of the ad must not undermine the total price disclosure
Itemization of Fees and Optional Charges
In addition to listing the total price, landlords must:
- Disclose the nature, purpose, and amount of any fees or charges
- Specify whether a charge is optional and explain how a tenant can avoid it
For example, if there’s a $25 pet fee or a $50 parking charge, the ad must say so. If those charges are optional, the ad must also include that information and how to opt out.
Bundling Fees into Rent
Landlords may choose to incorporate all fees into the advertised rent. For instance, if you charge $1,500 rent and a $100 amenity fee, you may simply advertise $1,600/month with no separate fee disclosures. This approach simplifies compliance as long as all mandatory charges are included.
Automatic Renewals and Negative Options
The regulation also includes provisions for “Negative Option Features,” such as automatic lease renewals. If a lease renews automatically unless the tenant opts out, landlords must:
- Clearly disclose the renewal terms upfront
- Provide a simple cancellation mechanism
- Send a renewal reminder 30 to 5 days before the cancellation deadline
This may affect month-to-month or self-renewing lease structures. While originally aimed at subscriptions and trial services, these rules could apply to rental contracts and should be treated with caution.
Areas Needing Clarification
Certain issues remain unclear, including how the rules apply to one-time costs like broker fees or security deposits. Trade associations like the Massachusetts Apartment Association are seeking clarification from the Attorney General’s office. Until further guidance is issued, landlords should err on the side of transparency.
Why This Rule May Benefit Landlords
From a professional standpoint, this regulation may actually serve landlords well. In practice, tenants have always borne the cost of broker fees, whether paid directly at lease signing or indirectly through higher rent when the landlord absorbs the fee. By requiring landlords to disclose the full cost upfront, the new rule aligns pricing expectations early and reduces confusion or negotiation friction. In renewal scenarios, the economics are even clearer: when landlords pay the broker fee, they often offset that cost by increasing the base rent—an adjustment that typically persists into future lease terms, such as a renewal at a higher net income to the landlord. This regulation promotes transparency that can justify those pricing decisions and ultimately create a smoother, more informed leasing process for all parties involved.
Conclusion
Massachusetts’ new regulations are a significant shift toward consumer transparency. For landlords, the key takeaway is that all costs—not just base rent—must be disclosed upfront, in a clear and understandable manner. Advertising practices, lease structures, and tenant communications should all be reviewed and updated before September 2, 2025. Operating with full disclosure not only ensures compliance but can also foster trust with prospective tenants.
