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AG Brown Joins Coalition Urging FTC Rulemaking on Rental Housing Fees

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Summary

Washington AG Nick Brown joined a bipartisan coalition of 27 state attorneys general filing a comment letter with the FTC supporting proposed rulemaking on hidden and deceptive rental housing fee practices. The coalition recommends that any federal rule require clear disclosure of total housing costs including mandatory fees, prohibit deceptive rental fee practices, and establish minimum federal transparency standards while preserving state authority to regulate landlord-tenant relationships.

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What changed

A bipartisan coalition of 27 state attorneys general, including Washington AG Nick Brown, submitted a comment letter to the FTC supporting the agency's Advance Notice of Proposed Rulemaking (ANPR) on unfair and deceptive rental housing fee practices. The letter recommends that federal rulemaking require clear disclosure of total housing costs including mandatory fees in all advertising and listings, prohibit deceptive or unfair rental fee practices, and establish minimum federal transparency standards. The coalition emphasizes that any federal rule must preserve states' authority to regulate landlord-tenant relationships.

Landlords and property managers operating in multiple states should monitor FTC developments closely, as federal rulemaking would reinforce state enforcement and signal that anti-consumer, anti-competitive fee practices will not be tolerated. Property owners should review their current fee disclosure practices to ensure alignment with anticipated federal requirements, including upfront disclosures about the total cost of housing.

What to do next

  1. Monitor FTC for notice of proposed rulemaking on rental housing fee disclosures
  2. Review current rental fee disclosure practices for compliance with anticipated federal transparency standards
  3. Track state legislation on rental fee caps and disclosure mandates relevant to operations

Archived snapshot

Apr 13, 2026

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FOR IMMEDIATE RELEASE:

Apr 13 2026

Washington AG Nick Brown and a bipartisan coalition of 27 state attorneys general today are asking the Federal Trade Commission (FTC) to move forward with a proposed rulemaking on hidden and deceptive rental housing fee practices.

Last month, the FTC published an Advance Notice of Proposed Rulemaking (ANPR), seeking input from the public about whether a rule is needed to prevent unfair or deceptive fee practices in connection with rental housing. The coalition of state attorneys general filed this comment letter in support of the FTC moving forward with a notice of proposed rulemaking.

As the chief enforcers of their states’ consumer protection laws, the attorneys general commended the FTC for considering action on this growing and worsening problem as the country grapples with an affordability crisis in the rental housing market. The attorneys general also stress in the letter that any rulemaking by the FTC must preserve the authority of states to regulate and supervise rental markets.

“Housing affordability is one of the top concerns among Washingtonians, which is made worse when people deceive tenants about costs or undermine competition in the housing market,” Brown said. “The federal government can help our residents by adopting rules that rein in such unfair and deceptive practices.”

The letter, which can be read here, outlines the harms to consumers and fair competition as a result of unfair and deceptive rental fee conduct. For instance, many renters face “bait‑and‑switch” tactics: advertised rents appear low, but mandatory fees and charges are revealed only late in the process or after move‑in.

These practices aggravate the housing affordability problem by hiding the true cost of rent and trapping consumers in higher rent payments than they expected. They also distort competition, placing honest landlords at a disadvantage.

States report the problem has intensified in recent years, underscoring the urgency of federal action.

The attorneys general also identify actions being taken by the states to curb unfair or deceptive rental fee practices, including legislation that caps certain fees and mandates up-front disclosures about fees. The letter also lists state enforcement actions that target illegal rental fee conduct by landlords and property managers.

In the letter, the attorneys general recommend that federal rulemaking:

  • Require clear disclosure of total housing costs, including mandatory fees, in all advertising and listings;
  • Prohibit deceptive or unfair practices related to the amount, purpose, or legality of rental fees; and
  • Establish a minimum federal standard to promote transparency and fair competition nationwide. At the same time, the letter also urges the FTC to adopt rules that preserve the longstanding regulatory authority of states in this space. In the letter, the attorneys general urge the FTC not to displace states’ decisions to regulate and address certain aspects of landlord-tenant relationships.

The letter explains that federal rulemaking would help reinforce state enforcement and put large landlords operating in multiple states on notice that this anti-consumer, anti-competitive behavior will no longer be tolerated.

The attorneys general signing onto this comment letter include: New Jersey, Tennessee, Colorado, Pennsylvania, Alaska, Arizona, California, Connecticut, Delaware, District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virgina, and Wisconsin.

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Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

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Last updated

Classification

Agency
WA AG
Published
April 13th, 2026
Instrument
Notice
Legal weight
Non-binding
Stage
Final
Change scope
Minor

Who this affects

Applies to
Landlords Property managers Tenants
Industry sector
5311 Real Estate
Activity scope
Rental fee disclosures Rental housing advertising Housing cost transparency
Geographic scope
United States US

Taxonomy

Primary area
Consumer Protection
Operational domain
Compliance
Topics
Housing Consumer Finance

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