Boston Municipal Code ch. 10-2 § 10-2.16

Civil Remedies

Superseded
Verified 9/13/2026 · Next check 12/12/2026
BostonRent Regulation

Operative Text

Boston Municipal Code ch. 10-2 § 10-2.16
(A) Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this Section, or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter provided to the person from whom such payment is demanded, accepted, received or retained, or to the city for reasonable attorney’s fees and costs as determined by the court, plus liquidated damages in the amount of $100, or not more than three times the amount by which the payment or payments demanded, accepted, received or retained exceed the maximum rent which could be lawfully demanded, accepted, received or retained, whichever is the greater; provided, however, that if the defendant proves that the violation was neither willful nor the result of failure to take practicable precautions against the occurrence of the violation, the amount of such liquidated damages shall be the amount of the overcharge or overcharges.
(B) If the person from whom such payment is demanded, accepted, received or retained in violation of the provisions of this Section or any rule, regulation or order hereunder promulgated, fails to bring an action under this Section within 30 calendar days from the date of the occurrence of the violation, the Board may settle the claim arising out of the violation or bring such action upon its own initiative. Settlement by the Board shall thereafter bar any other person from bringing action for the violation or violations with regard to which a settlement has been reached. In the event the Board settles said claim, it shall be entitled to retain the costs it incurred in the settlement thereof, and the person against whom the violation has been committed shall be entitled to the remainder. In the event the city initiates action pursuant to the provisions of this Subsection, it shall be entitled to receive attorneys’ fees and costs pursuant to the provisions of division (A) above and the person against whom the violation was committed shall be awarded liquidated damages pursuant to the provisions of said division (A).
(C) A judgment for damages or on the merits in any action initiated pursuant to this Subsection shall be a bar to any recovery pursuant to this Subsection or in any other action against the same defendant on account of any violation with respect to the same person prior to the initiation of the action in which such judgment was rendered. Action to recover liquidated damages pursuant to the provisions of this Subsection shall not be brought later than one year after the date of violation. A single action for damages pursuant to the provisions of this Subsection may include all violations of the provisions of this Subsection committed by the same defendant against the same person.
(D) The District Court Department of the Trial Courts for the judicial district within which the housing accommodation affected is located and the Housing Court Department of the Trial Courts, City of Boston Division, shall severally have concurrent original jurisdiction over all actions and complaints initiated pursuant to this Subsection.
Source: Legislative text reproduced verbatim
Plain English

Boston Municipal Code ch. 10-2 § 10-2.16 establishes civil remedies when a landlord charges rent above the legally permitted maximum. A landlord found liable may owe the overcharged party attorney's fees, costs, and liquidated damages equal to the greater of $100 or up to three times the amount of the overcharge — though damages may be reduced to the actual overcharge amount if the violation was neither willful nor the result of failing to take reasonable precautions. If the affected tenant does not file suit within 30 days of the violation, the Boston Rent Board may step in to settle or litigate the claim on its own, and any such settlement bars the tenant from bringing a separate action. Claims must generally be filed within one year of the date of the violation, and cases may be heard in either the District Court or the Boston Division of the Housing Court.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

Under Boston Municipal Code ch. 10-2 § 10-2.16, operators who collect rent above the lawful maximum face exposure to significant civil liability, including attorney's fees and damages that can reach three times the overcharge amount. Compliant operators generally maintain accurate records of applicable rent ceilings, audit charges before collection, and promptly correct any billing errors to demonstrate that any inadvertent discrepancy was neither willful nor the result of failing to take practicable precautions — the standard that governs whether reduced damages apply. Because the Boston Rent Board retains independent authority to pursue claims under this provision, potential liability does not depend solely on whether the affected tenant initiates suit.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Boston Municipal Code ch. 10-2 § 10-2.16 gives tenants who have been charged above the maximum lawful rent the right to sue for liquidated damages, attorney's fees, and costs in either the District Court or the Boston Housing Court. Tenants generally have 30 days from the date of a violation to initiate their own action before the Rent Board may step in to settle the matter — a settlement by the Board would bar a separate tenant lawsuit for those same violations. Tenants who believe they have been overcharged may wish to document all payments, review applicable rent-ceiling records, and consult a tenant-rights organization or legal aid provider familiar with § 10-2.16 to understand the options available to them.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Purpose
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Definition of rent control

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