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Federal Judge Allows NYC Broker Fee Ban to Take Effect June 11

Landlords will shoulder broker commissions under the Fairness in Apartment Rental Expenses Act with city fines for noncompliance

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Overview

  • Judge Ronnie Abrams denied the Real Estate Board of New York’s request to pause the law, ruling that challenges to the FARE Act reflect policy disagreements rather than constitutional issues
  • The FARE Act prohibits agents acting for property owners from charging prospective renters broker fees and shifts those costs to landlords beginning June 11
  • Analysts at StreetEasy project that eliminating upfront broker fees will reduce average moving costs by about 42%, benefiting renters who previously faced fees of up to a month’s rent
  • Opponents, including REBNY President James Whelan, warn that landlords may recoup these outlays through rent increases and plan to continue appeals against the law
  • The New York City Department of Consumer and Worker Protection will enforce the ban with fines ranging from $750 for initial violations to $2,000 for repeat offenses and renters can file complaints via 311