By: The Massachusetts Association of REALTORS® Legal Team
 

Q: Can a landlord require in-state cosigners or guarantors? 
A: Essentially, the role of a cosigner or guarantor is act as a safety net for the landlord, providing additional assurance that the rent will be paid and that other lease terms will be fulfilled, even if the tenant defaults. Landlords may prefer in-state cosigners because it can be easier to take legal action against someone who resides in Massachusetts. However, landlords should be cautious about implementing an "in-state only" requirement. This policy must be applied consistently to all applicants and should not have a discriminatory effect on any protected class under federal or Massachusetts fair housing laws. A lease agreement that includes consent to Massachusetts jurisdiction can achieve the landlord's objective without excluding out-of-state guarantors.


Q: Can an owner require a prospective tenant fill out an application prior to letting the prospective tenant view the property, and charge a holding fee?
A:  In Massachusetts, there is no law prohibiting a requirement for prospective tenants to complete an application prior to viewing a property. The policy must be enforced uniformly for all potential tenants and without discrimination based on protected characteristics, such as race, disability, familial status, national origin, or source of income. Regarding application or holding fees, these are not permitted. Massachusetts law clearly limits the fees landlords can charge to the first month’s rent, last month’s rent, a security deposit (not exceeding one month’s rent), and a lock and key fee. Holding fees are not authorized under Massachusetts General Laws Chapter 186, Section 15B, and case law has reinforced that this statute is strictly enforced and interpreted narrowly.

Q:   My client rents his Cape house out during the summer.  Is he required to accommodate service animals and emotional support animals?
A:  A vacation  rental under 30 days is considered “transient lodging” rather than residential housing. Accordingly, ADA service animal rules apply, while FHA emotional support animal accommodation requirements do not apply.  In short, the homeowner needs to provide accommodation for a service animal but is not required to accommodate an emotional support animal.  Also keep in mind that the homeowner cannot charge additional fees to accommodate a service animal. Additionally, homeowners listing through commercial platforms should review the platform's contractual obligations. Airbnb, VRBO and similar companies may require an accommodation that exceeds minimum legal requirements so the homeowner should consult with the platform before denying an emotional support animal.

Members of the Greater Boston Association of REALTORS® (GBAR) recently traveled to Washington, D.C., for the 2026 REALTORS® Legislative Meetings. During the critical Capitol Hill visits, local real estate professionals met directly with members of Congress and their staff to champion the largest federal housing package in decades, advocating for policies to unlock inventory, lower development barriers, and support independent contractors.

High-Stakes Meetings on Capitol Hill

GBAR members brought frontline market insights directly to the legislative teams of several Massachusetts congressional leaders, including Senators Elizabeth Warren and Ed Markey, as well as Representatives Katherine Clark, Seth Moulton, and Ayanna Pressley.

With America currently facing a shortage of more than 4 million homes, GBAR leadership emphasized that the solution requires urgent, bipartisan policy. Advocates pushed for immediate action on major housing legislation, aiming to secure passage before Congress shifts focus to campaign season ahead of the upcoming August recess.

Deep Dive into Key Legislative Priorities

With support from NAR, GBAR urged lawmakers to support a specific suite of federal bills and investments designed to address the nationwide affordability crisis:

• Eliminating the "Home Equity Tax" (More Homes on the Market Act – HR 1340)
  This critical piece of legislation aims to double the capital gains tax exclusion on the sale of a primary residence to $500,000 for single filers and $1 million for married couples. GBAR advocates reframed this outdated tax limit as a "stay-put penalty" or a direct tax on middle-class home equity that actively discourages long-term owners from selling.

• Commercial-to-Residential Conversions (Revitalizing Downtowns and Main Streets Act – HR 2410)
  To combat the inventory shortage, this bill offers a 20% tax credit to developers who convert underutilized or vacant commercial office spaces into housing, provided they keep 20% of the units affordable. GBAR representatives used local examples of vacant commercial buildings to illustrate how this bill could revitalize Massachusetts communities and create new pathways to homeownership and rental housing.

• Broad Housing Production (21st Century ROAD to Housing Act)
  This comprehensive package focuses on increasing overall housing production, streamlining cumbersome environmental reviews, improving affordability, and implementing low-dollar mortgages through the FHA. It also expands crucial federal support for manufactured and modular housing.

• Protecting Affordable Healthcare for REALTORS® (Association Health Plans Act – HR 2508)
  Following the 2024 rescission that cut off access to Association Health Plans (AHPs), GBAR advocated for this act to restore the ability of independent contractors and self-employed professionals to secure reliable, affordable health insurance through their trade associations. GBAR shared personal stories to illustrate the necessity of these plans for real estate professionals.

• Defending Critical HUD Programs
  GBAR strongly advocated for fully funding essential HUD initiatives—including the Fair Housing Initiatives Program, the Fair Housing Assistance Program, and Housing Counseling Services—in the face of proposed federal budget cuts. Safeguarding these programs is vital for expanding housing opportunities, protecting consumers, and helping renters build generational wealth.

Persistence Through the Legislative Finish Line

The Capitol Hill visits were organized by the National Association of REALTORS® (NAR) in coordination with state and local associations. Because REALTORS® see firsthand how the inventory shortage impacts local families, congressional offices were highly receptive to these real-world perspectives.

With narrow majorities in both chambers, GBAR and NAR remain committed to persistent, bipartisan advocacy to push these vital economic and housing measures across the finish line.

The Greater Boston Association of REALTORS® (GBAR) proudly hosted its Annual Awards Celebration on June 10, 2026, bringing together members to celebrate the achievements, service, and commitment of REALTORS® who exemplify the best of our profession and our community.

Held at the beautiful Wellesley Country Club, the event featured an inspirational program, recognition of milestone anniversaries, presentation of the association’s top awards, and a lively silent auction supporting the REALTORS® Political Action Committee.

Honoring Our 2026 Award Winners
GBAR presented six major awards this year, honoring outstanding REALTORS® whose professionalism, leadership, and service have made a lasting impact on our industry and community.

REALTOR® of the Year – Mark Triglione, Premier Realty Group, Inc.
Mark has been a dedicated leader within GBAR, serving as Association President in 2025 and continuing his service in 2026 as a Board Member and Chair of the Nominating Committee. He is also an active leader at the state level with the Massachusetts Association of REALTORS®, where he serves in several key roles. Known for his commitment to the REALTOR® Code of Ethics, his welcoming spirit, and his tireless advocacy for the profession, Mark is respected as a leader, mentor, and colleague who truly embodies the spirit of this award.


Andrew F. Hickey Distinguished Service Award – Rob Harrington, The Nexum Group Rob has been a dedicated leader and volunteer within GBAR, serving as a board member, committee member, and active supporter of the association’s initiatives. He provided steady guidance during a period of transition, including the merger from EMAR, and remains a strong advocate for the organization. Beyond GBAR, he is deeply engaged in his community, where he works to address local issues and amplify the voices of others. Known for his integrity, generosity, and commitment to helping those around him succeed, he is truly deserving of this recognition.


Good Neighbor Award – Vanessa Valido, Fiv Realty Co.
Vanessa has been a driving force behind the Woburn Community Fridge since its earliest planning stages, helping transform a simple idea into a thriving volunteer-led nonprofit that provides accessible, judgment-free food support to the community. Through her leadership and hands-on involvement, she has organized food drives, coordinated community events, led outreach efforts, and helped maintain the fridge as a reliable resource for neighbors in need. A true example of a good neighbor, she has devoted countless hours to improving the lives of others and strengthening her community.

REALTOR® Spirit Award – Melody Skye Roloff, Kody & Company, Inc.
Melody is a dedicated leader and advocate within the REALTOR® community, actively serving with GBAR, the Massachusetts Association of REALTORS®, and the Women’s Council of REALTORS®. Her extensive service includes roles on GBAR’s Professional Standards Committee, as a past chair of MAR’s Charitable Foundation, and as a GBAR Past President, along with participation on numerous committees, task forces, and volunteer groups. Recognized as REALTOR® of the Year and a recipient of the Andrew F. Hickey Distinguished Service Award, she is known for her commitment to professionalism and her passion for encouraging others to become involved, give back, and serve their communities.

Affiliate of the Year – Lu Annatone, The Junk Removers
He’s a longtime supporter of GBAR and its members, bringing both professional expertise and a deep appreciation for the REALTOR® profession as a former REALTOR® himself. For more than 20 years, Lu has led his company with a commitment to customer service, integrity, and professionalism, values that closely reflect those of the association. Known for his positive attitude and welcoming presence, he is a familiar and valued participant at GBAR events and programs. His enthusiasm, insight, and unwavering support have made a lasting impact, making him a truly deserving recipient of this honor.

Rising Star Award – Brianna Davis, J. Brown Realty
Brianna is dedicated to educating, mentoring, and supporting others throughout their real estate journey. As Director of Mentorship within her brokerage, she plays a key role in training and guiding new agents, while also hosting homebuyer seminars that help first-time buyers navigate the path to homeownership with confidence. Through her community outreach and client-focused approach, she is passionate about making homeownership more accessible and achievable. Whether helping buyers find their first home, assisting sellers through important life transitions, or serving as a trusted advisor, she brings knowledge, compassion, and a genuine commitment to those she serves.

Rising Star Award – Danielle Dimond, Senne
Just four years into her real estate career, she has already achieved remarkable success, completed 84 transactions while building a business grounded in professionalism, strong communication, and lasting client relationships. Beyond Danielle’s professional accomplishments, she is deeply committed to service, serving as Vice Chair of the YPN Committee, supporting charitable causes, and actively contributing as a GBAR Board member. With a background in marketing and sales, she brings a passion for connection, collaboration, and helping others to every aspect of her work, making her a deserving recipient of this recognition.

Celebrating Milestone Members
In addition to our award winners, GBAR also honored members who reached 5 to 40 years of membership this year. These anniversaries are a testament to the dedication, professionalism, and service that strengthen our association year after year.

For photos from the event, please visit our Facebook Album link: 2026 GBAR Annual Awards Celebration Photos

By: The Massachusetts Association of REALTORS® Legal Team
 

Q: I ran a prospective tenant through FOREWARN and the report shows that she has a criminal conviction on her record. Can I share this information with my landlord-client? 
A: No. The FOREWARN Subscriber Agreement that you executed requires you to keep all search results confidential. FOREWARN is simply intended to be a safety tool in your professional toolbox. If you see information regarding a potential client that concerns you, FOREWARN gives you an opportunity to increase your safety protocols before engaging with the client. Additionally, FOREWARN should not be used for tenant financial screening purposes or to determine if a buyer will be eligible for a mortgage. FOREWARN is not a “consumer reporting agency” and the company notes that some financial data contained in the app may be outdated. You should never tell a potential tenant or buyer that they are unqualified to enter into a real estate transaction because of information that you found in FOREWARN. For more information, please see: https://www.forewarn.com/faqs/

Q: I have funds in my escrow account that have been there for several years, and we never received instructions on how to disburse them. We sent a release of funds multiple times, but it was never returned to us. How can I release these funds? 
A:  Escrow funds cannot be unilaterally released, absent clear mutual instructions (generally, a signed release). Absent a signed release, a court order through interpleader is the best way to determine who is entitled to the money. You can file an interpleader action in the district court where the property is located. Once filed, you will likely need to deposit the funds with the court, name both the seller and buyer as defendants, and ask the court to decide which party is entitled to the funds. These steps will best protect your brokerage from liability.

Here is the usual process:

1. The broker retains an attorney.
2. The attorney files a complaint or interpleader.
3. The parties are served.
4. The court may hold a hearing.
5. The court determines entitlement or approves a settlement.
6. The court orders the release of funds. 

Q:   What Are The Advertising Requirements In Massachusetts Related To Social Media Platforms Like Instagram And Facebook?
A:  Massachusetts real estate advertising laws apply fully to social media platforms, including Instagram, Facebook, TikTok, LinkedIn, YouTube, and X/Twitter. According to the Massachusetts Board of Registration of Real Estate Brokers and Salespersons, any social media post that markets a property, brokerage services, listings, open houses, or any real estate-related business activities is considered a real estate advertisement. To comply with state regulations, all real estate advertising must clearly identify the licensed brokerage. This requirement includes posts, reels, stories, paid advertisements, video content, and team pages. The name of the brokerage must appear directly within the advertisement itself. Additionally, Massachusetts law does not allow for “one-click-away” disclosures. Agents must not rely solely on profile bios, “about” sections, account names, landing pages, or external links for brokerage identification. Instead, the brokerage name should be included within the caption, image overlay, video overlay, or text of the advertisement itself.

By: The Massachusetts Association of REALTORS® Legal Team
 

Q: Can a Condominium Association deny a prospective Buyer’s emotional support animal because the Rules and Regulations state, “No pets of any kind?”
A: No. Under the federal Fair Housing Act and Massachusetts law, emotional support animals (ESAs) are considered assistance animals, not pets. Condominium Associations must provide reasonable accommodations for a Buyer with a disability who requires such an animal, even when the Association has a “no pets” policy. Failure to comply may constitute housing discrimination. Unlike a service animal, an ESA is not required to have specialized training to perform specific tasks for its Owner.  An ESA is an animal that provides a mentally therapeutic benefit to its Owner.  

The Association can request a letter from a licensed healthcare provider confirming that the Buyer has a disability and requires the particular animal for his emotional health. The Association cannot, however, request the Buyer’s health records or demand disclosure of the particular type of disability. For a detailed review of ESAs in Massachusetts housing:   

https://www.mass.gov/info-details/assistance-animals-in-housing 


Q: I understand that the state has issued new versions of the Lead Paint Notification and Certification forms but there are a lot of outstanding questions regarding their use. Can I still use the old versions? A:  Yes. After extensive discussions with MAR, the Massachusetts Department of Public Health (DPH) has agreed to a concurrency period during which agents may use either the old lead paint forms or the revised versions. The concurrency period will remain in effect until the necessary engagement work for the roll out of the new forms is completed. Importantly, this period will allow MAR and the DPH to continue discussions to resolve a number of outstanding questions and issues with the revised forms. MAR will have both versions of the lead forms available in our forms library and will continue to update members as we have more information.  


Q:   Is it acceptable to use AI digitally enhanced images?
A:  When using AI to enhance images, the biggest concern is ensuring that the representation of the property remains accurate. We recommend disclosing all uses of AI or other software that enhance images, so consumers understand they are essentially viewing a virtual staging. By using enhanced images, you provide potential buyers with a sense of the space and its possibilities. This allows buyers to get a real view of the property while helping them envision what it could look like with furniture or other changes. Please refrain from removing permanent fixtures or modifying visible defects. While it may be tempting to digitally erase flaws such as water stains on the ceiling, doing so could lead to claims of misrepresentation. Lastly, be cautious about fair housing regulations. AI and other tools can easily generate content that may violate fair housing laws. Review all AI-generated content critically, looking for potential violations. 

By: The National Association of REALTORS®

For individuals who are Deaf or hard-of-hearing, embarking on any kind of real estate transaction can present its own set of communication challenges.  The Greater Boston Association of REALTORS^® had this underserved community in mind when it offered a course in American Sign Language last year, in an effort to empower members to break down communication barriers, enhance accessibility, and ensure equitable service for all.  A Fair Housing Grant from the REALTOR^® Party helped make it possible.

According to Maria Brogan, the association’s Executive Vice President, this was an entirely member-driven program, initiated and taught by Ashley Gendreau, a member who had learned ASL as a child in order to communicate with a non-hearing classmate.  “This has become Ashley’s passion, and helping her fellow REALTORS^® support clients who are deaf or hard-of-hearing is a natural extension of her outreach to her classmate all those years ago.  ASL is not a common skill, so fostering a familiarity with the language and with Deaf culture aligns very well with our goal of broadening the scope of our DEI initiatives.”

The board promoted the ASL course with a video announcement of Gendreau using sign language, with a voiceover and closed captions.  The training was not intended to make interpreters of members, but to help them with communication and understanding the inherent challenges and culture of the Deaf community and be a resource for this often underserved group.

Over the course of eight weeks, eight committed REALTORS^® participated in an in-person weekly two-hour class.  Brogan reports that it was fascinating to watch: “They were all very engaged, and bonded during the in-depth, no-phones, and often silent sessions.  Not only did they work on learning the language, Ashley taught them about Deaf culture; they were also assigned homework to sharpen and maintain their skills.”  The participants left wanting more training, she notes – the mark of a valuable program.

Building on the success of the class, the association is compiling an online collection of resources, such as a directory of interpreters, and plans to share this with partners, affiliates, lenders, attorneys, home inspectors, and others in the industry.  In 2025, when Brogan served as chair of NAR’s RCE advisory board, she highlighted the course at the national conference; Gendreau presented a compact version of her class virtually to NAR’s Residential Real Estate Council (RRC).

“In my experience, the most effective programs start with an idea from a passionate member or someone already on your staff,” says Brogan.  “Leverage that passion and let them lead!”

Along with this example of member-leadership, she cites the efforts of Paul Yorkis, another REALTOR^® member, who recently led the charge to have the most commonly used Massachusetts real estate forms translated into multiple languages.  “The bottom line is that when our members can communicate effectively, consumers have a better experience.”

See the article here: https://realtorparty.realtor/homepage/success-story/gbar-fh0326