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Cambridge councilors weigh limits on tenant "junk fees," consider home-rule petition and backing state bills

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Summary

Councilors heard staff describe limits on Cambridge’s authority under the Home Rule Amendment and discussed filing a Home Rule Petition and council resolutions to support state legislation to curb broker fees, recurring late fees and other rental "junk fees."

Cambridge City Councilors and city staff on Tuesday discussed proposals to limit so-called rental "junk fees" — including broker fees, recurring late fees and attorney fees — and considered asking the city to file a Home Rule Petition and pass resolutions supporting pending state legislation.

Meghan, city staff, summarized the city’s legal constraints under the Home Rule Amendment and said local ordinances that directly regulate ordinary landlord–tenant relationships are likely preempted unless tied to an independent municipal power such as zoning. "If the city is enacting any local legislation that impacts the ordinary landlord and tenant relationship, it can only be done if it's incident to an exercise of an independent municipal power," Meghan said, explaining why Cambridge cannot unilaterally ban many fees and must instead seek special legislation or support statewide bills.

The discussion focused on several categories of fees that staff and councilors described as growing costs for renters: broker fees charged when applicants respond to listings, recurring late fees…

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