By Sean R. Higgins and Cayla Nyante Brown
As of 1 August 2025, Massachusetts law prohibits landlords and real estate brokers from imposing broker or leasing fees on tenants unless the tenant independently hires the agent. The prohibition, enacted as part of the state’s Fiscal Year 2026 budget, shifts the cost burden of landlord‑hired brokers back onto the party that engaged them—usually the landlord.
Read MoreBy Sean Higgins and Cayla Nyante Brown
Investing in affordable housing in Massachusetts involves navigating a complex landscape. Developers should be aware of the following key considerations:
Read MoreBy: Sean Higgins and Cayla Nyante Brown
Signed into law in January 2021, the Massachusetts Bay Transportation Authority (MBTA) Communities Act (the Communities Act) requires all 177 cities and towns with access to MBTA public transportation (e.g., commuter rail, subway, bus, or ferry) to designate a specific zoning district where multifamily housing is permitted “as of right,” meaning without any additional approvals needed, to increase housing availability near transit options.
In February of 2024, residents of the town of Milton, which has four MBTA stations along the Mattapan Line voted down a proposed zoning scheme to satisfy the requirements of the Communities Act, thus setting the stage for a showdown between the Commonwealth of Massachusetts (the Commonwealth) and the affluent Boston suburb.
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