The Fairness in Apartment Rental Expenses (FARE) Act, Council Member Ossé’s signature legislative accomplishment, is now law.

Frequently Asked Questions:

FARE Act: Know Your Rights 

1. Can a broker charge a prospective tenant a broker fee?

No. Under the FARE Act, a broker cannot collect a broker fee from a prospective  tenant.

2. What if a broker is claiming that they are acting as a tenant’s broker and not the landlord’s? 

This is not allowed under the FARE Act. Additionally, a prospective tenant cannot be:

• Forced to enter into a dual agent agreement; or 
• Forced into paying a broker fee as a condition to rent a specific apartment. 

3. What if the online listing (ex. StreetEasy, Zillow) says that the broker is working as a tenant’s broker? 

This listing would be in violation of the FARE Act. To list a listing on a site like StreetEasy or Zillow, a broker needs to have permission from the landlord/owner of the property and therefore, the broker is acting as an agent of the landlord, not the prospective tenant. 

4. Do I, a prospective tenant, still need to pay a broker fee if I signed my lease before FARE went into effect? 

A landlord or broker cannot charge a tenant a fee for the landlord’s broker after the effective date of the FARE Act even if a lease is signed before the effective date. The FARE Act specifically prohibits the act of charging tenants for the fees of a broker retained by the landlord, making it illegal to charge this fee to a tenant after the effective date of the law. 

The FARE Act’s effective date is June 11, 2025, and a landlord / landlord’s agent is prohibited from passing their fees on to a tenant as of this date, not the date of the lease.

5. I am a prospective tenant and would still like to hire my own broker. Would I be allowed to do so under FARE? 

Yes. You can still hire your own broker and choose to pay the broker fee to your agent. The FARE Act also does not prohibit tenant side brokers from advertising their services to tenants.

6. How can prospective tenants file a complaint with DCWP if a broker tries to charge them a broker fee/broker already charges them a fee? 

A tenant can file a complaint in two ways:

• Make a complaint to the Department of Consumer and Worker Protections (DCWP) and file a complaint through their DCWP Portal at https://www.nyc.gov/site/dca/consumers/file-complaint.page
• Make a complaint through 311. 

Tenants are encouraged to collect and submit as much evidence as they have and should follow up with their local Council Member’s office if they do not hear back from DCWP after 2 weeks. 

You do not have to actively be engaged in renting a unit to file a complaint. Even if you see an online posting that is in violation of FARE, you are encouraged to report it to DCWP. 

7. If I already paid a broker a fee after the FARE Act’s effective date, is there a way they can get the money back? 

Yes, prospective tenants should file a complaint. The Consumer Services Team will then reach out to the tenant and work with the tenant and the landlord/broker to get the money back. In addition, landlords and/or brokers who violate FARE will also have to pay a penalty. 

8. Can I also seek out private litigation if a broker or landlord tries to collect the broker fee from me? 

Yes. The FARE Act allows one to seek out a private cause of action in court to get back any restitution owed. Note that if one decides to seek out private litigation and there is an active DCWP complaint on the issue, you will not be able to get any restitution from DCWP.

9. Who can I contact for more questions? 

Feel free to contact our office at 718-919-0740 or email us at district36@council.nyc.gov. The Department of Consumer and Worker Protections will also release more information on the FARE Act as the effective date nears. You can find more information on their site at https://www.nyc.gov/site/dca/index.page.