The Federal Trade Commission is seeking public comment on an Advance Notice of Proposed Rulemaking to address unfair or deceptive rental housing fee practices, including hidden mandatory fees not disclosed in advertised rent. The proposed rule would require clear disclosure of total rent and all associated fees, and would allow the FTC to seek civil penalties for violations. Past FTC enforcement actions against Invitation Homes and Greystar Real Estate Partners resulted in $48 million and $24 million settlements, respectively, for deceptive rent advertising practices.
In-house legal teams at rental housing providers, property management companies, and related vendors should review lease agreements, advertising contracts, and service provider agreements to ensure compliance with potential FTC rules on rental fee transparency. Lease agreements must include clear, conspicuous disclosures of all mandatory fees (application, security deposit, monthly recurring fees) and the total rent including all charges. Advertising contracts should prohibit misleading rent advertisements that exclude mandatory fees, and clauses related to fee refundability, optionality, and recurrence should be updated to align with proposed disclosure requirements. Vendor agreements with property management software providers should ensure fee disclosure features comply with the anticipated rule.
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Real EstateOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2026/03/ftc-seeks-public-comment-proposed-rulemaking-regarding-unfair-or-deceptive-rental-housing-fee
FTC 2026 0266 0001
https://www.regulations.gov/document/FTC-2026-0266-0001
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"FTC Seeks Public Comment on a Proposed Rulemaking Regarding Unfair or Deceptive Rental Housing Fee Practices"
"March 12, 2026"
"Federal Trade Commission"
"Invitation Homes, the largest single-family home rental housing provider in the country"
"Unfair and deceptive rental housing fee practices violate federal law."
"violated the FTC Act by, among other things, excluding mandatory monthly fees from the advertised rent."
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