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Q: We’ve aloof confused into an accommodation circuitous that answerable us a nonrefundable “initiation fee” of $200, added a aegis drop (the best accustomed by law). We knew about this fee, but it seemed abominable for the freeholder to be charging us for the accepted assignment of processing a new tenant. Is there any acknowledged way to article to this fee? –Scot S.

A: Your catechism is absolutely timely. In November 2011, a federal commune cloister adjudicator in Boston faced a actual agnate catechism (at affair was an “amenity fee” that covered use of the pool, gym and grill). The adjudicator absitively that, beneath Massachusetts law, the fee was illegal. (Hermida v. Archstone, et al., No. 10-12083-WGY, D. Ct. Mass. 2011.) That’s activity to aftereffect in big refunds to Massachusetts tenants: According to the National Multi Housing Council, Archstone is the seventh-largest freeholder in the nation, with aing to 74,000 units advance beyond 12 states.

The federal judge’s accommodation is absolutely bright and simple. Massachusetts allows landlords to aggregate upfront fees that “are not in balance of” the following: the aboriginal aing month’s rent; the aftermost aing month’s rent; aegis according to the aboriginal aing month’s rent; and the bulk of affairs and installing a lock and key. The appellation “amenity fee” isn’t on this list.

But attorneys for Archstone argued that they could allegation this

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