Cambridge Votes to Ban Tenant-Paid Broker Fees, But State Approval Is Still Needed
Somerville and Boston Eye Similar Measures Amid Legislative Hurdles
Cambridge has made headlines with its recent unanimous City Council vote to ban mandatory tenant-paid broker fees. However, despite the city’s clear stance, the policy cannot be implemented without formal approval from the Massachusetts Legislature. This key hurdle underscores a critical reality: cities in Massachusetts cannot enact such housing reforms independently.
Local Votes Are Just the First Step
Cambridge’s vote on May 7th marks a bold move toward addressing housing affordability by shifting broker fee responsibility to the party who hires the broker, typically the landlord. Councilor Jivan Sobrinho-Wheeler emphasized how these fees add thousands of dollars in upfront costs, pricing out many would-be renters.
Still, the vote is just a home rule petition, which is a request — not a guarantee — for the state to grant legal authority for Cambridge to implement this change. Without legislative sign-off from Beacon Hill, the policy cannot be enacted.
Somerville and Boston Also Require State Consent
Cambridge is not alone. Somerville passed a similar home rule petition earlier this year. Mayor Katjana Ballantyne has been vocal about the financial strain renters face, citing average upfront housing costs of nearly $14,000. But like Cambridge, Somerville’s measure remains in limbo until lawmakers in the state capital decide its fate.
Boston officials have also expressed interest in pursuing a broker fee shift, but no formal petition has yet been filed. Even if Boston were to follow the same path, it too would need state approval.
A Broader Legislative Battle
Governor Maura Healey’s proposed state budget includes a provision to ban renter-paid broker fees across Massachusetts, shifting the financial burden to whoever hires the agent. While this proposal aligns with the local efforts in Cambridge and Somerville, the final decision lies with the Legislature, where support remains divided.
In the Senate, momentum appears to be building for reform. However, the House has proposed softer language, allowing landlords to still charge broker fees if tenants respond to an advertisement. That gap must be reconciled before any statewide law is passed.
Many experts believe the Massachusetts broker fee reform has a strong chance of passing, especially with momentum growing after New York City's FARE Act takes effect on June 11, 2025. The NYC law is seen as a model that could influence similar legislation in Massachusetts.
Implications for Renters and Landlords
For now, renters in Cambridge, Somerville, and Boston are still subject to existing broker fee structures. Despite the local push, no changes will take effect unless the state Legislature authorizes them. Landlords, tenants, and brokers alike should prepare for a potentially long legislative process that may or may not yield reform.
Conclusion
While cities like Cambridge are making bold moves to protect renters from excessive broker fees, real change hinges on action from the Massachusetts Legislature. Until Beacon Hill grants the required legal authority, these policies remain aspirations — not law. The coming months will be critical in determining whether these proposed reforms gain traction or stall under the weight of political inertia.