On April 27, 2026, District of Columbia Attorney General Brian L. Schwalb filed a complaint against Mid‑America Apartment Communities, Inc., and its subsidiaries (collectively, “MAA”) alleging that the landlord charged illegal fees and misled prospective tenants about the true cost of rent. This action is the latest example of state and federal enforcement scrutiny of rental housing fees.
The Office of the Attorney General for the District of Columbia (“OAG”) alleges that MAA engaged in a pattern of illegal fee practices and deceptive rent advertising in violation of the D.C. Consumer Protection Procedures Act and D.C.’s Rental Housing Act.
According to the complaint, MAA charged fees that are prohibited by District law, including:
- a non-refundable $385 “processing fee” due upon lease approval, the purpose of which MMA allegedly failed to explain. This fee is in addition to a separate application fee MMA assesses that District of Columbia law caps at $54;
- a $18 “community fee” to cover property taxes, insurance, and maintenance of common areas that MMA allegedly failed to disclose could be used to offset the cost of amenities, while separately charging an additional amenity fee;
- a $350 “roommate release fee” when one roommate moved out prior to the end of a lease, an amount alleged to be in excess of the application fee, which the remaining tenant(s) must pay to reapply for the unit as well as any prospective replacement roommate.
Moreover, the OAG alleges that MAA engaged in deceptive advertising by: (1) marketing listings using terms like “base” rent or “starting at”, although tenants were never charged only for these advertised amounts; (2) advertising rental prices that did not include mandatory fees and did not disclose the type or amount of monthly recurring fees; and (3) failing to adequately disclose that MMA would charge fees triggered by certain events, such as the roommate release fee or early lease termination fee.
The latest action by the OAG is part of a broader enforcement trend targeting rental fees. The FTC recently announced an Advanced Notice of Proposed Rulemaking soliciting comment from industry participants and other stakeholders about potential unfair or deceptive acts or practices in the rental housing market. As state attorneys general and the FTC increasingly target fee practices in the rental market, businesses are likely to face scrutiny of how pricing and mandatory fees are advertised and disclosed to consumers, as well as how such fees compare to the actual costs of providing the underlying product or service.