October 2025
Dignity Alliance Massachusetts is one of seven organizations who have filed the amici curiae.
Summary of the matter at dispute
Assisted Living Residences (ALRs) abuse their bargaining power and violate state law in charging junk fees, including so-called “community fees.” The “community fee” charged by Defendant Mary Ann Morse Healthcare Corp. is a “junk fee” that preys on vulnerable consumers. It is not tied to the provision of specific services or benefits, does not reflect the costs of providing any specific kinds of services or benefits. It was imposed simply because Mary Ann Morse Healthcare Corp. could get away with extracting additional money from an especially vulnerable population at an especially vulnerable time. Since it is not a fee for the provision of the kinds of services authorized by the ALR statute, G. L. c. 19D, it falls within the scope of the Security Deposit statute, G. L. c. 186 § 15B. Accordingly, the Superior Court was 17 correct in holding that these fees violated the Security Deposit statute and ALR regulations, and awarding damages accordingly.
Older adults and individuals with disabilities seek ALRs when they need more support services than they can receive in an independent living setting. ALR admission often results from crisis, including worsening health or the death of a spouse or caretaker. People often choose to live in an ALR, rather than a nursing facility, to retain a certain level of independence and dignity when they cannot be supported at home. ALR residents deserve the full breadth of protection afforded to consumers under the Security Deposit statute and Massachusetts’s ALR regulations.
Organizations who have filed the amici curiae:
- AARP
- AARP Foundation
- Dignity Alliance Massachusetts
- The National Consumer Law Center
- Justice in Aging
- The National Academy of Elder Law Attorneys
- The Massachusetts Chapter of the National Academy of Elder Law Attorney