22.043 An Order for Special Legislation to Prohibit Landlords and Brokers from Requiring Brokers' Commissions to be Paid by a Tenant or Prospective Tenant - 2nd reading
- Referred to Northampton Housing Partnership, Community Resources and Legislative Matters - 3/3/2022
- Positive recommendation, Housing Partnership (see letter, attached) - 3/7/2022
- Public forum held, Community Resources. Councilor Jarrett introduced two amendments: first, to correct a scrivener's error in the third "whereas" paragraph by removing the word "the" so that the paragraph began as follows: "WHEREAS, the PVPC report found that such rental commissions,..."; second, to amend Section 2 of the Act so that it will read as follows: "SECTION 2. No landowner, landlord, lessor, or sub-lessor shall demand or require that a tenant or prospective tenant retain, hire, or engage a rental agent or broker and pay such agent or broker a fee or commission as a condition to applying for or leasing a residential rental unit in the City of Northampton, and no such landowner, landlord, lessor, or sub-lessor shall demand or require that a tenant or prospective tenant make any payment in violation of SECTION 1 of this act."
- Positive recommendation as amended, Community Resources - 4/25/2022
- Positive recommendation as amended, Legislative Matters - 5/9/202
Note #1: A question was raised at the Community Resources meeting about whether a voluntary relationship between a broker and tenant would be prohibited under the proposed legislation. Attorney Seewald's response via email was as follows:
"Nothing in the proposed special act modifies the voluntary relationship between the prospective tenant and a broker. The act would prohibit a lessor from compelling a prospective tenant to pay the lessor's broker or compelling the tenant to engage and pay a broker."
Note #2: Councilor Nash requested that this item be placed on the 5/19 agenda and that both versions of the proposed Act be presented for discussion. He would like the City Council to vote to approve the amendments.