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Broad Street Associates v. Stephen Levine

Related posts: Apartment Amenity and Move In Fee Class Action Investigation, Equity Residential Hit With Class Action Lawsuit 

According to this decision, it is unlawful for residential landlords to charge application fees in Massachusetts.  Application fees are just one of the illegal fees that are often imposed on tenants such as up front  “move in fees,” “amenity fees,” or “pet fees.” 

Legal Issues:

1. Is charging pet rent legal in Massachusetts?

2. Is charging an up-front pet deposit or pet fee at the beginning of the tenancy legal in Massachusetts?

3. Can a Massachusetts landlord legally charge an application fee?

COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT

BROAD STREET ASSOCIATES v. STEPHEN LEVINE

No. 12-SP-2041

DECISION AND ORDER

On July 1, 2010, the tenant paid the landlord a $45 application fee, and on July 7, 2010, paid a $1,000 security deposit and $1,000 first month’s rent. Thereafter, the tenant paid $1,000 monthly rents and $50 per month “pet fees under three successive Leases and two successive Pet Agreements. Disputes arose between the parties, chiefly about roof leaks and related housing defects and conditions of disrepair.  The tenant withheld his rent and stopped paying the pet fees. The landlord responded by bringing this summary process case for nonpayment of rent.

1. The landlord complied with the. bank deposit and receipt requirements of the Security Deposit Law, Gen.L. c.186 §15B(2) (b) , (c) , and (3) (a), with respect to the $1,000 security deposit.

2. The landlord did not comply with the five-percent interest requirement of the Security Deposit Law, Gen.L. c.186 §15B(3){b). The tenant is entitled to payment of or credit for the $103.21 interest accrued on the security deposit.

3.  The landlord violated the excess payments requirement of the Security Deposit Law, Gen.L. c.186 §15B(1) (b) , by requiring the tenant (then a prospective tenant) to pay the $45 application fee. The tenant is entitled to return of or credit for the $45 application fee. Continue reading

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Class Action Investigation: Massachusetts Residential Landlords Collecting “Amenity Fees” & Other Illegal Up-Front Fees

Have you been charged any of the following fees before moving into a building?
 
  • “Amenity fee”
  • “Move in fee”
  • “Pet fee”
  • “Application fee”
  • “Maintenance fee”
  • “Credit/screening fee”
  • “Holding fee”
  • New “Community fee” (As of November 2012, Equity Residential is allegedly charging a “community fee,” due some point after the first month)
 
If so, your rights may have been violated, and you may be owed financial compensation.  If you want to talk to an attorney about your legal rights, please call me, Attorney Preston W. Leonard at (617)329-1295, or see this post to learn more about a recent class action lawsuit concerning amenity fees in Massachusetts.
 
Note: If you have paid any of the up-front fees described above in the past 4 years, even if it was not to an Equity Residential or Archstone building, you may be entitled to financial compensation. 
 
Examples of Unlawful Fees in a Massachusetts Residential Lease Agreement:
 
 
 

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Amenity & Move In Fee Class Action Investigation

Consumer Alert: Some Massachusetts Residential Landlords Routinely Violate the Law by Collecting Unlawful Move In or Amenity Fees!

  • Have you been charged an “Amenity Fee”?
  • Have you been been charged a “Move in Fee”?

If so, those fees may have been collected illegally from you! Numerous large apartment buildings in Massachusetts require tenants to pay illegal fees to move in.  If you want to talk to an attorney about your rights in regards to security deposit violations, or unlawful move in /amenity fees, please call me at (617)329-1295.

Boston Skyline - Charles River from Mass Ave. Bridge - Smoot 100

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Filed under Class Action Investigations, Landlord - Tenant Law