Council backs effort to bar landlords from forcing tenants to pay broker fees, will pursue home‑rule petition and support state bills

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Summary

Following public comment and a council committee briefing, Cambridge voted to pursue a home‑rule petition to bar landlords from shifting broker fees onto tenants and to endorse related state legislation; councilors debated likely market effects and implementation details.

The Cambridge City Council voted to advance local and state action aimed at stopping landlords from requiring tenants to pay real estate broker fees when leasing apartments.

At a March 3 meeting the council approved a motion asking the city law department to draft a home‑rule petition that would allow Cambridge to prohibit the common practice of transferring brokers’ fees to tenants. The council also voted to go on record supporting two pending state bills addressing “junk fees” and broker fee practices.

Public comment and a committee hearing earlier in the week framed the issue around affordability and tenant access. Speakers said broker fees — often equivalent to one month’s rent — are a barrier for renters, particularly people using housing vouchers or those with limited savings. Supporters told the council that in much of the United States the property owner pays a broker; they argued Cambridge should align with that practice to make renting more affordable and predictable.

Opponents and skeptical councilors said fees are part of private contracting among landlords, brokers and tenants, and warned landlords might raise rents to recoup costs. Council members discussed those trade‑offs in a committee meeting and at the full council. Staff said similar home‑rule petitions from Boston and Somerville had been reviewed and that a local ordinance could be drafted to reflect legal precedents.

The council approved the home‑rule petition motion and a related resolution backing state legislation. The final recorded vote on the local home‑rule action was seven in favor, one opposed and one absent. Councilors asked the law department to draft language for a home‑rule petition and to forward recommended text for council review.

The measure does not immediately change who pays broker fees. It instructs staff to draft the legal instrument the council would need to seek permission from the legislature to change the city’s authority on broker‑fee allocation. Any final local ordinance would return to the council and could include limits, exceptions and implementation details including timing and outreach to landlords and tenants.

Councilors said they will seek to preserve transparency and protect voucher holders and other low‑income renters in any final drafting; they also said they will monitor market effects if the state or city changes the allocation of broker fees.