Boston Municipal Code ch. 10-2 § 10-2.17
Criminal Penalties
Operative Text
(A) It shall be unlawful for any person to demand, accept, receive or retain any rent for the use or occupancy of any housing accommodations in excess of the maximum rent prescribed therefor pursuant to the provisions of this Section or any rule, regulation or order hereunder promulgated, or otherwise to do or omit to do any action in violation of the provisions of this Section or the rules, regulations or orders hereunder promulgated. It shall be unlawful for any person by act or omission knowingly to engage in any conduct tending to deprive a tenant of, or to prevent a tenant from exercising, any right conferred by this Section, including, without limitation, any such conduct tending to deprive a tenant of the peace, comfort or enjoyment of a housing accommodation in violation of this Section and any such conduct intended to result in substantial inconvenience or amounting to a violation of privacy, harassment, intimidation, threat or coercion. (B) It shall be unlawful for any person to demand, accept, receive or retain any payment which exceeds the maximum lawful rent for one month as a finder’s fee or service charge for the opportunity to examine or lease any housing accommodation; provided, however, no finder’s fee or service charge shall be lawful unless the person from whom the payment is demanded, accepted, received or retained actually rents or leases the housing accommodation with regard to which payment of said fee or said charge has been demanded, accepted, received or retained. (C) Whoever willfully violates any provision of this Section or any rule, regulation or order hereunder promulgated or whoever knowingly makes any false statement in any testimony before the Board or whoever knowingly supplies any false information or knowingly makes false statement to, or files a false affidavit with, the Board shall be punished by a fine of not more than $500 or by imprisonment for not more than 90 days or both; provided, however, that in the case of a second or subsequent offense, such person shall be punished by a fine of not more than $3,000 or by imprisonment for not more than one year or both. (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 jurisdiction over all such actions and complaints.
Boston Municipal Code ch. 10-2 § 10-2.17 establishes criminal penalties for a range of rent-related violations, including charging rent above the legally permitted maximum, collecting excessive finder's fees or service charges, and engaging in conduct that deprives a tenant of rights, comfort, or privacy under the ordinance. Willful violations or knowingly providing false information to the Rent Board can result in fines up to $500 and/or up to 90 days imprisonment for a first offense, with penalties escalating to up to $3,000 and/or one year of imprisonment for repeat offenses. Cases arising under this provision may be heard in either the District Court or the Boston Division of the Housing Court, which hold concurrent jurisdiction.
Plain English — not legal advice.
Property owners and managers operating under Boston Municipal Code ch. 10-2 § 10-2.17 generally ensure that all rent collected stays at or below the maximum lawful rate, and that any finder's fees or service charges do not exceed one month's maximum lawful rent and are only collected when a tenancy is actually established. Compliant operators also take care to avoid any conduct—whether an act or an omission—that could be construed as harassment, intimidation, coercion, or interference with a tenant's peaceful enjoyment of their unit. Accurate and truthful representations to the Rent Board are likewise a standard practice, given that knowingly false statements carry their own criminal exposure under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Boston Municipal Code ch. 10-2 § 10-2.17, tenants have protections not only against overcharges on rent and excessive finder's fees, but also against conduct designed to deprive them of comfort, privacy, or any right granted by the ordinance—including harassment, intimidation, or coercion. Tenants who believe a violation has occurred may consider filing a complaint with the Boston Rent Board, raising the violation as a defense in a housing court proceeding, or reaching out to a local tenant-rights organization for general guidance on available options. Both the District Court and the Boston Division of the Housing Court have jurisdiction over matters arising under § 10-2.17, giving tenants more than one potential forum to seek redress.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.