January 2026 | Page 41

APARTMENT ADVOCATE
a markup or fee in an amount that does not exceed two percent of the amount that the landlord was billed or a markup or fee in an amount that does not exceed a total of ten dollars per month, but not both.
• Connecticut: Effective October 1, 2025, Connecticut SB 3, requires housing providers to disclose rent, including fees, charges and costs that renters " shall be required to pay on a periodic basis " with exceptions for certain types of fees, including for pets, utilities and damages. This would impact advertisements or any other place that rent is displayed or offered.
• Massachusetts: Effective October 1 2025, Massachusetts H. 4761, landlord shall not impose a late fee for nonpayment of rent for a residential dwelling unit or furnish rental payment data to a consumer reporting agency, related to the nonpayment of rent, if, not later than 30 days after the missed rent payment, the tenant is an impacted federal worker and the nonpayment of rent was due to a significant financial impact from a federal government shutdown.
• Nevada: Effective October 1, 2025, Nevada AB 121 requires housing providers to offer at least one method of paying rent or fees that does not require the tenant to pay an additional fee for use. An option must also be available that does not require providing banking information. If the landlord allows the use of a website or online portal, they shall not“ charge the tenant a fee to make a payment through the Internet website or online portal in an amount that exceeds the amount of any fee charged by the operator of the Internet website or online portal for the use of the Internet website or online portal”. Any fee charged to the tenant by the landlord for use of the website or online portal must be separately disclosed in the rental agreement.
• Oregon: Effective January 1, 2026, Oregon HB 3521 requires housing providers to disclose the amount of rent, fees, and deposits required for entering the lease agreement before receiving a security deposit.
LOCAL APPROACHES
Proposals in both San Diego, Calif. city and county would require landlords to disclose the total monthly rent and any fees in addition to rent in advertising, on their website, and in any document that lists rental cost. They may charge up to 5 % of rent for fees that are in addition to monthly rent. In addition, landlords may charge late fees for the late payment of rent up to 2 % of monthly rent. The proposal also prohibits landlords from charging pest control, valet trash, and pet ownership fees. These proposals were heard on October 30 for the city, and November 4 for the county, and have been directed to Counsel to draft an ordinance.
NAA’ S PERSPECTIVE
NAA will continue to work with its affiliate partners to support their advocacy at the state and local levels and remains the voice of the industry at the federal level. Recent actions by the Federal Trade Commission( FTC) appear to indicate the agency ' s willingness to regulate rental housing costs and fees and standardize their disclosure nationally.
Policymakers should pursue balanced housing policies that address the root causes of affordability challenges, namely, the underproduction of rental housing, while ensuring that providers retain the tools they need to operate that housing effectively.
NAA encourages members to consult their local counsel with questions related to fee transparency mandates. For more information on NAA’ s advocacy, contact publicpolicy @ naahq. org.
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