Governor Healey Enacts Major Reform to End Mandatory Renter-Paid Broker Fees in Massachusetts

Governor Healey Enacts Major Reform to End Mandatory Renter-Paid Broker Fees in Massachusetts

Starting today, August 1, a new statewide policy included in the FY2026 budget and signed by Governor Maura Healey prohibits landlords from charging tenants broker’s fees when the broker was hired by the landlord. Tenants are only responsible for such fees if they choose to hire a broker themselves. The policy also bans landlords from disguising these costs under labels like “admin” or “leasing” fees, and prevents them from conditioning apartment access or lease signings on tenants paying a broker they didn’t select. The change marks a significant shift in Massachusetts rental practices, shifting financial responsibility to the party who actually hires the broker, typically the landlord.

To support implementation, the Executive Office of Housing and Livable Communities (EOHLC) has released a comprehensive FAQ outlining the rights and responsibilities of tenants, landlords, and brokers under the new rules. The guidance clarifies when a fee can legally be charged, how required disclosures must be made, and what steps tenants can take if the rules are violated. The reform marks a major step toward making renting in Massachusetts more affordable and transparent for all.

NLIHC Releases 2025 Out of Reach Report: What it Means for Massachusetts

NLIHC Releases 2025 Out of Reach Report: What it Means for Massachusetts

The latest Out of Reach report from the National Low Income Housing Coalition (NLIHC) highlights the growing gap between wages and rental housing costs in Massachusetts. While our state continues to lead with strong commitments to affordable housing, a higher minimum wage, and robust tenant protections, many renters are still unable to afford typical rent costs.

In 2025, the Housing Wage in Massachusetts—the hourly wage a full-time worker must earn to afford a modest two-bedroom apartment—is $45.90. The average renter earns $28.66 per hour, leaving a gap of nearly $20 per hour. For minimum wage earners making $15/hour, affording a two-bedroom apartment would require working 122 hours each week, or more than three full-time jobs. This affordability gap places Massachusetts as the 4th most expensive state for renters in the country. The pressure is even more acute in areas like Greater Boston and the Cape and the Islands, where housing costs are among the highest in the nation.

At CHAPA, we’re working to close this gap by advocating for policies and investments that expand access to affordable homes. This includes our goal of creating 222,000 homes by 2035, while preserving the affordable homes we already have. We also continue to support and advocate for expanded investments in our state rental assistance programs like the Massachusetts Rental Voucher Program (MRVP) and the Alternative Housing Voucher Program (AHVP), to help low-income  and extremely-low income households access and maintain stable housing.

Addressing the affordability crisis in Massachusetts requires a comprehensive and coordinated approach. This includes expanding rental assistance, increasing housing production, and reforming local zoning and land use policies. By taking these steps, Massachusetts can make meaningful progress in closing the affordability gap and ensuring that more residents have access to stable, affordable housing in the communities where they live and work.

Read the full 2025 NLIHC Out of Reach report here and view the Massachusetts state profile here.

Governor Healey Enacts Major Reform to End Mandatory Renter-Paid Broker Fees in Massachusetts

Governor Healey Signs FY2026 Budget: Housing Investments Move Forward, but HCEC Funding Faces Veto

Governor Maura Healey has signed Massachusetts’ $61 billion FY2026 budget, which includes significant housing investments and policy reforms aimed at improving affordability and strengthening housing stability. Overall, the budget maintains or modestly increases funding for key programs, including a boost to the Massachusetts Rental Voucher Program (MRVP) from $219 million to $253.3 million to preserve assistance for existing participants, and $207.5 million for RAFT. Public housing operations received $115.6 million, while the Access to Counsel program was funded at $2.5 million and established as a permanent line item.

Policy shifts in the FY2026 budget include broker fee reform, which shifts the cost to whichever party first hires the broker—eliminating most renter-paid fees and significantly reducing up-front costs for tenants. The budget also advances the goals of the Unlocking Housing Production Act by promoting efforts to accelerate development through easing local barriers and exploring new tools for municipalities. These provisions support housing production through studies on tax incentives, inspection reform, and municipal authority, laying the groundwork for broader permitting and regulatory changes. Additionally, new language in the RAFT and HomeBASE programs directs the state to examine access barriers—such as “notice to quit” requirements and eligibility criteria—with the goal of improving program reach and responsiveness.

At the same time, funding for Housing Consumer Education Centers (HCECs)—which play a critical role in helping residents navigate evictions, access financial counseling, find housing, and utilize voucher programs—was significantly reduced. The Legislature approved $5.85 million for HCECs, already a 34.8% cut from the FY2025 level of $8.974 million. Governor Healey then vetoed $500,000 from that amount, lowering the final FY2026 allocation to $5.35 million. In FY2024, HCECs served more than 75,000 households statewide at an average cost of just $116 per household. With demand for services rising, the reduction in funding raises concerns about the capacity to support residents facing urgent housing challenges. CHAPA has submitted a letter urging the Legislature to override the Governor’s veto, emphasizing the need to restore critical funding to ensure these frontline services remain available as Massachusetts works to meet both immediate housing needs and long-term production goals.

You can view CHAPA’s full Budget Tracker here

Governor Healey Enacts Major Reform to End Mandatory Renter-Paid Broker Fees in Massachusetts

Conference Committee Approves FY26 Budget, Now Moves to Governor’s Desk

On June 30th, the Massachusetts Legislature approved a $61 billion FY2026 Conference Committee budget and sent it to the Governor for consideration. Marking the earliest completion of a budget in nearly a decade, the final agreement includes important progress on housing issues, with continued investments in rental assistance and supportive housing, along with key policy updates to broker fee practices, homelessness prevention programs like RAFT and HomeBASE, and provisions that establish studies aimed at reducing construction costs and streamlining development.These decisions come amid growing federal headwinds, these decisions come at a time when the state is facing additional challenges, including potential federal cuts to housing and safety net programs, which could put further strain on the housing system.

However, several high-priority programs were funded at the lower of the House or Senate proposals, and several key initiatives were ultimately not included.

As the budget moves to Governor Healey’s desk, she has 10 days to sign the budget into law. CHAPA is urging that the strongest funding levels and policy provisions be maintained. CHAPA is also drafting a letter to the Administration advocating for full support of these critical investments. These operating dollars are essential to addressing the urgency of the housing crisis and advancing stability, affordability, and equity across the Commonwealth. Key highlights from the final budget can be viewed below, and the full budget tracker is available here.

Key Policy Language

  • Residential Rental Broker Fees – Outside Sections 43, 54–55:
    New language clarifies that only the party that directly hires a broker is responsible for the fee, reducing financial barriers for tenants.
  • Unlocking Housing Production – Outside Sections 106–108:
    Directs studies on tax incentives, inspection reform, and local options to support housing development feasibility and affordability.

Programs with Maintained or Increased Funding

  • Rental Assistance:
    MRVP and AHVP were funded at $253.3 million and $19.5 million, respectively, sufficient to maintain the current number of vouchers, but not to increase the number of vouchers.
  • Supportive Housing & Reentry:
    Programs including Home & Healthy for Good, Sponsor-Based Housing, and Housing Assistance for Reentry Transition were level-funded or slightly increased.
  • Access to Counsel:
    Funded at $2.5 million. The “pilot” designation was removed, signaling an ongoing commitment to this crucial program.
  • Public Housing:
    Operating subsidies were funded at $115.6 million, slightly below the Senate’s proposal but above the FY2025 level.
  • Fair Housing
  • $275,000 earmarked for regional fair housing centers,
  • Homeownership
    $500,000 was dedicated to STASH, supporting first-generation homebuyers.

Programs Funded Below Requests or Prior-Year Levels

  • RAFT:
    Funded at $207.5 million, set at the House’s level. The final budget does include language directing EOHLC to evaluate program barriers, including the “notice to quit” requirement.
  • HomeBASE:
    Level-funded at $57.3 million. The budget retains language requiring EOHLC to study eligibility improvements, including potential expansion beyond Emergency Assistance eligibility.
  • Housing Consumer Education Centers (HCECs):
    Funded at $5.85 million, a partial restoration from earlier proposals, but still below FY2025 levels.
  • EOHLC Administration:
    Funded at $16 million, above the House and Senate budgets, but below the $22.2 million called for in the Governors’ proposal earlier this year.

Not Included in Final Budget

  • Tenancy Preservation Program (TPP): No funding included; program will rely on MassHousing support.
  • Office of Fair Housing and Fair Housing Trust: Proposed $5 million was not included.
  • Healthy Homes Program: A proposed $5 million to address mold, lead, and other hazards was withdrawn.
  • Small Properties Acquisition Fund: Not included in the final budget.
Governor Healey Enacts Major Reform to End Mandatory Renter-Paid Broker Fees in Massachusetts

Senate Passes FY26 Budget: Progress on Housing Priorities, Key Gaps for Conference Committee to Resolve

The Massachusetts Senate passed its $57.9 billion FY2026 budget last week, adding $43.5 million through more than 300 adopted amendments. The budget includes important progress on housing priorities, with investments in emergency rental assistance, first-generation homeownership, and fair housing enforcement. However, several high-priority programs included in the House received lower funding or were not included in the Senate version.

As the budget moves to Conference Committee, advocates are urging lawmakers to adopt the strongest funding and policy provisions from both chambers to meet the scale of the Commonwealth’s housing needs.

Senate Budget Additions (Based on SWM Amendment/Section Numbers)

  • Residential Assistance for Families in Transition (RAFT) – Line Item 7004-9316
    $225 million
    Maintains the Senate’s higher funding level and adopts Amendment 557, which directs the Executive Office of Housing and Livable Communities (EOHLC) to develop a statewide homelessness prevention strategy and evaluate the removal of barriers to programs like RAFT, including the potential elimination of the “notice to quit” requirement.
  • Saving Toward Affordable and Sustainable Homeownership (STASH) – Line Item 7006-0011
    $500,000 (via Amendment 19)
    Adds targeted funding for first-generation homebuyers through the Massachusetts Affordable Housing Alliance, supporting matched savings accounts and homeownership education.
  • Housing Consumer Education Centers (HCECs) – Line Item 7004-3036
    $5.7 million (via Amendment 428)
    Restores some of the funding for regional housing counseling and tenant assistance services after earlier cuts, though funding remains below the prior-year level of $8.97 million.
  • Housing Assistance for Reentry Transition – Line Item 7004-9034
    $3.12 million (via Amendment 848)
    Supports stable housing for individuals returning from incarceration. Amendment language ensures carry-forward of unspent funds to sustain services.
  • Department of Mental Health Rental Subsidy Program – Line Item 7004-9033 (via Amendment 130)
    This amendment proposed increasing funding for rental subsidies for Department of Mental Health (DMH) clients by $500,000, from $16,548,125 to $17,048,125, to better meet the housing needs of individuals with mental health challenges. The amendment was not adopted.
  • Massachusetts Fair Housing Center and Southcoast Fair Housing – Line Item 7004-0099  and 7004-0107 (earmark via Amendment 10)
    $275,000

Includes $200,000 for the Massachusetts Fair Housing Center and $75,000 for SouthCoast Fair Housing to support fair housing enforcement and  outreach            in Western Massachusetts and the South Coast following the loss of federal funding.

  • Public Housing Operating Subsidies – Line Item 7004-9005
    $116 million
    Senate funding exceeds the House’s $115.6 million by $400,000, helping local housing authorities maintain operations and address quality and safety needs.
  • Senate Broker Fee Language – Outside Sections 31 and 38
    Clarifies that broker fees must be paid by the party who hires the broker. Ensures tenants aren’t charged for services they didn’t request, offering stronger protections than the House version, which permits fees with written disclosure even when the broker was hired by the landlord.

 Key Priorities For Further Advocacy

  • Office of Fair Housing and Fair Housing Trust – Line Item 7004-0099 (Amendment 171)
    Proposed $5 million to launch the new Office, fund the Fair Housing Trust, and support U.S. Department of Housing and Urban Development (HUD)-aligned fair housing efforts. The amendment was not adopted.
  • Executive Office of Housing and Livable Communities (EOHLC) Administration – Line Item 7004-0099 (Amendment 20)
    Amendment ECO 20 proposed increasing funding for the Executive Office of Housing and Livable Communities from $15,573,388 to $22,235,340 to strengthen the agency’s administrative capacity. The amendment was not adopted.
  • Small Properties Acquisition Fund – New Line Item (Amendment 89)
    Proposed $1 million to help nonprofit organizations acquire and preserve small multifamily homes. The amendment was withdrawn.
  • Healthy Homes Program – New Line Item
    A proposed $5 million line item to address mold, lead, and other housing-related health risks was withdrawn and not included.
  • Massachusetts Rental Voucher Program (MRVP) – Line Item 7004-9024
    Funded at $253.3 million in the Senate—$4.8 million less than the House’s $258.1 million level.
  • Tenancy Preservation Program (TPP) – Line Item 7004-3045
    TPP received no funding in either budget. Amendment ECO 105 proposed $42,755 to retain a dedicated line item, but it was not adopted. The program will be supported this year through MassHousing funding.
  • Access to Counsel – Line Item 0321-1800
    Not funded in the Senate budget. The House includes $3 million to provide legal representation for tenants facing eviction, a key strategy for homelessness prevention.

What’s Next

 The FY2026 budget now goes to a Conference Committee, a group of House and Senate lawmakers responsible for reconciling the two versions into a final budget.

Housing advocates are urging the committee to adopt the strongest funding levels and policy provisions from both chambers to address housing needs across Massachusetts. CHAPA will be drafting a letter to conferees to ensure that each housing program receives the necessary funding and support to promote stability, affordability, and equity statewide.

Please see an updated version of our budget tracker here. 

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