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Austin and Massachusetts: Two Fee Laws, One Lesson

A Texas city ordinance and a Massachusetts consumer rule, written for different markets, land in the same place. What each requires, and where to check first.

Austin and Massachusetts: Two Fee Laws, One Lesson
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One is a city ordinance in Texas. The other is a statewide consumer protection rule in Massachusetts. Different authors, different markets, and they land in the same place: renters see the real cost before they commit.

If you operate in either market, here's what each requires and where to check your own process first.

Austin: the Rental Fee Transparency Ordinance

Austin City Council approved Ordinance No. 20260528-045 on May 28, 2026. It phases in by portfolio size.

  • Providers with 50 or more dwellings: October 1, 2026 (in effect now).
  • Providers with 5–49 dwellings, and mobile home or RV spaces: January 1, 2027.

What it requires:

  • A written, itemized fee disclosure, at the earlier of two moments: when you give a renter information about rent, or before they submit an application. It lists mandatory fees (rent plus fixed one-time or recurring fees), optional fees, and an estimate of variable fees such as utilities.
  • Ads that mention the cost to rent must show rent and every mandatory recurring fixed fee in the ad itself.
  • A presumption of compliance if you use the City's Standard Disclosure Form and fill it out accurately. Your own form works too, as long as it covers everything.

Optional has to mean optional. In Massachusetts, a fee that's on by default and has to be opted out of counts as mandatory.

Austin Equity and Inclusion enforces the ordinance and takes complaints online. A violation is a Class C misdemeanor with fines up to $500, and the ordinance says intent doesn't have to be proved. It does give providers a defense when a listing ran without their consent.

Massachusetts: 940 CMR 38.00

The Attorney General's junk fee regulations took effect September 2, 2025, and they cover rental housing. Per the AG's guidance, they require:

  • The total price, shown more prominently than any other pricing information, whenever a price is presented.
  • Built-in fees in the total. If a fee is on by default and the renter has to opt out, it belongs in the total price.
  • Payment processing fees in the total, unless renters have another reasonable way to pay without the fee.
  • Care with utilities. The guidance separately addresses how water and sewer charges should be disclosed.

The rule can also reach marketing aimed at Massachusetts consumers when the operator is based somewhere else, and its renewal provisions apply to leases that renew automatically.

Where to check first

Across both markets, these are the four places where the number most easily changes:

  1. Third-party listings. Your website shows the total, but an ILS listing still shows base rent. Austin's FAQ suggests giving renters who apply through a third-party site a link to the full disclosure.
  2. "Optional" fees that are on by default. A technology package or valet trash fee that's included unless the renter opts out doesn't pass the Massachusetts test.
  3. Disclosure timing. In Austin, if a renter gets a rent quote or submits an application before seeing the itemized list, the order is wrong.
  4. Every channel your team uses. A listing with the total doesn't help if a phone quote or a chatbot still gives base rent alone.

One number, every channel

The common thread isn't the form or the fine. The disclosure, the application and the lease need to show renters the same number, every time, in every channel. That's a systems problem more than a paperwork problem.

NOVY keeps configured charges in one fee catalog, set by property, and carries them from the disclosure into the application and the lease. What the renter sees carries through to what they sign. (See Fee Transparency)

Operating in Austin or Massachusetts? See it at OPTECH Startup Booth K6, November 16–18, or schedule a demo.

This post is general information, not legal advice. Confirm your specific obligations with counsel in each jurisdiction where you operate.

Written by
Sohaiyla Reagan · VP, Strategy & Partnerships

Sohaiyla builds the partnerships and go-to-market strategy that bring NOVY to operators, from co-marketing deals to the contracts behind them.

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