More tenants are taking their concerns over disputes with landlords to the state than ever before, according to a new consumer report from the state attorney general’s office.
The attorney general’s office received more landlord-tenant related complaints than previously recorded, a recent 2022 Consumer Advocacy report published by Attorney General Andrea Campbell’s office cited.
“This report reaffirms what we already know — that we are in a housing crisis in Massachusetts,” said Campbell in a statement to GBH News, adding that her office is there to help. “My office is committed to creating economic security for residents across Massachusetts by standing up for tenants who are being treated unfairly by landlords, enforcing our housing laws and ensuring that all our residents have access to safe, sanitary and affordable housing.”
For the first time, housing complaints surpassed those against used car dealers. The office received 918 consumer complaints about rental housing in 2022, and 171 requests for help through their eviction help request form. Many of those complaints involved unsafe or unsanitary conditions in rental units.
Each were reviewed by the Attorney General’s Consumer Advocacy and Response Division, with eviction cases “prioritized” in 2022. They respond by connecting renters with legal services and rental assistance programs, where applicable.
The office connects renters with resources but doesn’t typically get money for most landlord-tenant cases, except for some returned security deposits and late fees. For those specific cases, the Consumer Advocacy and Response Division recovered more than $108,000 for 63 people in 2022.
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In one case, a tenant filed a complaint with the AG’s office over a severe pest problem their landlord had been notified about several times. When the landlord didn’t fix the issue, they broke their lease and moved out, but the landlord didn’t return their $2,400 security deposit. The AG’s Local Consumer Program contacted the landlord and got the tenant their full deposit back.
“If your landlord is violating the statute as it pertains to security deposit or whether or not they're like holding on to that money, they don't put it into a separate interest accruing account — if you don't get it back within 30 days — you're actually entitled to treble damages," said Mark Martinez, housing staff attorney at Massachusetts Law Reform Institute.
"I think people are less and less willing to accept the fact that they're living in unsafe or unsanitary apartments."
He wasn’t surprised to see the growing number of complaints about living conditions.
“I think as people are being expected to pay more and more for housing, without the quality of that housing increasing as well, I think people are less and less willing to accept the fact that they're living in unsafe or unsanitary apartments,” Martinez said.
The report also outlined upcoming changes to the state sanitary code, including a rule that landlords must inspect for pests before new tenants move in and document that, and that landlords must make a good-faith effort to correct dangerous and unsafe living conditions within 24 hours.
Martinez said restitution for poor conditions or repairs, are the types of issues that involve long housing court processes, and are not typically part of the role of an attorney general’s office. That’s where legal aid organizations like his own fill a need.
“As that [complaints] increases, I don't think the answer is necessarily the AG continuing to take on a bigger role in housing rather than supporting policies outside of the AG's office that would respond to these issues as well,” said Martinez.
Overall in 2022, the AG’s office fielded over 23,000 consumer complaints, which included consumers reaching out about student loan providers, over 900 related to used car sales, and over 630 had issues involving solar power — like delays in connecting rooftop panels, and underperforming solar systems.
