Monthly pet fee in MA, illegal?

[Michael Zack]

I have someone interested in my apartment, but when I told her there was a $50/month pet fee she emailed me back saying that pet fees in MA are illegal. She attached the following link: https://www.kelly.properties/2018/02/17/can-a-land...

I've done my due diligence this morning and the 2014 court case that the article references, Perry v. Equity Residential Management, LLC, states that "Landlords can ONLY charge First Month, Last Month, Security Deposit equal to one month rent and a lock fee." In regard to the monthly pet fee, the judge comments, "The monthly pet fee is not incurred up front, but rather each month during which the tenant owns a pet. Because plaintiffs became obligated to pay the fee after they were already tenants, they may not turn to section 15B(1)(b) for relief."

So according to this court case, monthly pet fees ARE NOT illegal. However, I then read court case Broad Street Associates v. Stephen Levine (2012), where the judge ordered the landlord to reimburse the tenant the extra amount that were paid in pet fees. "The landlord does not characterize, or attempt to justify, the non-refundable $50 monthly recurring “pet fees” at issue in this case as “additional rent.” Nor does he offer any economic or other explanation or justification for the fees. The tenant argues that the landlord’s imposition of the $50 monthly recurring and nonrefundable “pet fees” is simply an unfair and deceptive device that is intended to circumvent the statutory limits placed on the amounts and types of payments that a landlord may charge under the Security Deposit Law, Gen.L. c.186 §15B(1) (b) and (d) ."

To me it seems like its a matter of opinion on the judge's part. The judge in the 2014 case stated that he/she didn't agree with the judge's ruling in the 2012 case. It sounds like a monthly pet fee (if rolled into the monthly rent) is not illegal. Can anyone provide insight around this situation?