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States Clamp Down on Rental Fees as Housing Costs Soar

Up-front rental costs — from application fees to broker commissions — are adding thousands of dollars to move-in expenses, exacerbating affordability challenges for renters nationwide. According to a recent Harvard Joint Center for Housing Studies report, these fees can pile up quickly, particularly when prospective tenants pay multiple fees while applying to several properties.

Last year, over half of renters submitted two or more applications, each potentially accompanied by application fees, security deposits, broker charges and first/last months’ rent.

In response, a growing number of states and municipalities have introduced legislation to cap fees, regulate when they can be charged and increase transparency. The study examined more than 30 pieces of legislation, most enacted since 2019, to alleviate the initial financial burden on renters.

Application fees are the most commonly regulated. While some states impose modest caps, others are more restrictive. Connecticut, for example, caps application fees at $50, while Eugene, Oregon, limits fees to $10 and Vermont bans them entirely. Several states, including Illinois, Colorado and Virginia, tie allowable fees to the actual cost of processing applications, with Virginia even offering reduced caps for public housing tenants.

Refund rules are increasingly common. California requires landlords to process applications in the order received and refund any fees to applicants not selected, a policy mirrored in Montana for property managers with four or more units.

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Security deposit laws are also widespread. Caps generally range from one to two months’ rent, with some states allowing exceptions for pets, furnished units or renters receiving assistance. Refund timelines vary. Arizona and Hawaii mandate returns within 14 days, Alabama allows 60 days and over a dozen states require landlords to pay interest on deposits.

Shoreline, Washington, offers a particularly innovative model. The city caps total move-in costs at one month’s rent and allows tenants to spread payments for deposits, move-in fees and last month’s rent over up to six months.

Broker fees, often significant in large, high-cost markets, are now prohibited for tenants in Boston and New York City. In New York, the Fairness in Apartment Rental Expenses (FARE) Act also mandates that landlords disclose all fees and prohibits forcing tenants to use brokers, providing both transparency and cost relief. Massachusetts recently enacted similar restrictions for broker fees.

More than a dozen states require landlords to pay interest on deposits, though rules vary by jurisdiction. These policies reflect an evolving attempt to balance renter protections with landlords’ need to cover legitimate administrative expenses, while also allowing tenants to spread out costs over time.

Source: GlobeSt.