One year ago, New York City rewrote the rules of apartment hunting — and many renters still don’t know they’re now protected. The Fairness in Apartment Rental Expenses (FARE) Act took effect on June 11, 2025, banning landlords’ brokers from charging you a broker fee. As the law marks its one-year anniversary this June and the busy summer rental season heats up, here’s exactly what the law says, how to spot a violation, and how to use 311 and DCWP to fight back if a broker tries to charge you illegally.
What the FARE Act Actually Does
The FARE Act — formally Local Law 119 of 2024 — does two things, according to the NYC Department of Consumer and Worker Protection (DCWP):
- It prohibits a landlord’s agent (broker) from charging broker fees to prospective tenants, including listing agents who publish a listing with the landlord’s permission.
- It requires landlords to disclose all fees a tenant must pay — clearly and conspicuously — in listings and in the rental agreement, before you sign.
In plain terms: if the broker was hired by the landlord, the landlord pays the broker — not you. You can read the City’s full explainer on the DCWP FARE Act page.
What the Law Does — and Doesn’t — Cover
Knowing the edges of the law keeps you from being talked out of your rights:
- No one can require you to hire a broker to rent an apartment, including a “dual agent” who represents both sides. (Admin. Code § 20-699.21(c).)
- You can still choose to hire your own broker and pay that broker — that’s your right. The ban is on being forced to pay the landlord’s broker.
- Background and credit check fees are not banned by the FARE Act. Those may still be charged within limits set by state law.
- There’s a “rebuttable presumption” that an agent who publishes a listing did so with the landlord’s permission — which puts the burden on the broker, not you.
How to Spot a Violation
Watch for these red flags this rental season:
- A broker who listed the apartment (on a major rental site or in a building’s own marketing) demands a “broker fee” of one month’s rent or 12–15% of annual rent from you.
- A listing that doesn’t clearly disclose all required move-in fees before you’re asked to sign.
- Being told you “must” use a particular agent to see or rent a unit.
- A fee that suddenly appears in the lease that wasn’t in any itemized, signed disclosure.
How to Take Action
- Save the evidence. DCWP specifically asks for text messages, screenshots, receipts, the listing, and the broker’s name and contact info. Document everything before you complain.
- File a complaint with DCWP. Submit an online complaint against a landlord or real estate agent about broker fees through the City’s DCWP consumer complaint portal, or call 311 and ask for “consumer complaint.”
- Know the enforcement path. If DCWP finds a violation, it issues a summons and the case goes before the NYC Office of Administrative Trials and Hearings (OATH). A violator can be hit with a civil penalty and ordered to pay restitution for any illegal fees charged to you.
- You can also sue. The FARE Act creates a private right of action (Admin. Code § 20-699.24), meaning you can bring your own case in civil court to recover an illegal fee.
- Read your rights. DCWP publishes a Renter Rights Brochure in 11 languages, and every NYC tenant can review the Tenant Bill of Rights.
One Year In: Why This Still Matters
A year after the FARE Act took effect, plenty of brokers and renters are still operating on the old assumptions. The law didn’t ban broker fees from existing — it moved the bill to whoever hired the broker. For most apartment-hunters, that means the fee that used to cost a full extra month’s rent up front is now the landlord’s responsibility. If a broker tells you otherwise, you don’t have to take their word for it: document it, file with DCWP, and you may get your money back.
This is general information, not legal advice. For your specific situation, contact a lawyer or a free tenant legal-help provider. HelpNewYork is here to help you keep more of your money when you rent.
