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Passage of City Council FARE Act Eliminates Broker Fees for Renters

A SIGN FOR luxury rental apartments is seen in the South Bronx on Oct. 11, 2024.
Photo by Síle Moloney

Renters received some positive news this week when it was annouonced that Brooklyn City Council Member Chi Ossé’s bill, Intro 360, The Fairness in Apartment Rental Expenses (FARE) Act, passed with a supermajority of 42 votes in the New York City Council, on Thursday, Nov. 14.

 

The bill requires that in rental transactions, the hiring party, whether landlord or tenant, pays the broker fee. Under the old system, tenants were usually required to pay the fee to a broker hired by their landlord, creating unfair and often prohibitive upfront costs to moving into a new home.

 

Ossé’s office said the FARE Act’s passage comes after a year and half of work, and its latest iteration includes necessary enforcement and clarification clauses, to ensure New Yorkers are protected from the first day of implementation. It will now be sent to New York City Mayor Eric Adams to sign.

 

“The system of forced broker fees is an affront to all New Yorkers,” said Ossé, who represents the Brooklyn neighborhoods of Bedford-Stuyvesant (West), Bedford-Stuyvesant (East), and Crown Heights (North) and who is co-chair of the Brooklyn delegation.

 

“Today, we end that system,” Ossé added. “The victims of the old paradigm are too many to count; Families unable to have another child because they cannot afford to move into a larger home. Children aging out of their parents homes [are] unable to find a place in their own communities.”

 

He continued, “Victims [are] unable to flee domestic violence. Workers [are] unable to live near their jobs, or in their city at all. Anyone who is hoping to bring their talents and passion to our great city […] can’t afford to get through the front door. Today, the New York City Council proved it can put the interests of the people first and be an example of good governance. This is a win for our city and for healthy democracy.”

 

City Council Majority Leader Amanda Farias, who represents Council District 18 in The Bronx also welcomed the passage of the new law, saying, “Today, the City Council took a monumental step toward greater affordability and fairness for renters in New York City with the passage of the FARE Act.”

 

 

She added, “This legislation, spearheaded by Council Member Ossé, prohibits landlords from passing broker fees onto prospective tenants, bringing much-needed economic relief to New Yorkers. For too long, tenants have shouldered excessive costs for services they did not request, adding to the burdens of moving expenses during a housing crisis.”

 

Farías continued, “The FARE Act aligns our city with the rest of the nation, ensuring transparency and fairness by placing the responsibility of broker fees on the party who actually hires them. This is a victory for over 2 million renters in our city and a crucial step toward achieving a more just and affordable housing market. I applaud Council Member Ossé for his leadership and am proud to have co-sponsored this vital legislation that echoes our Democratic values and the Council’s commitment to fair housing for all New Yorkers.”

 

For her part, Council Member Carmen De La Rosa (C.D. 10), who represents Washington Heights, Inwood, and Marble Hill, said of the bill, “The rising cost of living in our city has deterred talent, discouraged young adults looking to establish roots, and pushed out working-class families who once saw New York City as a place for growth and opportunity.”

 

She added, “Before even )receiving a key to a home, the baseline of maintaining stable employment, potential renters are slammed with fee after fee. This money could put food on the table, pay several months of rent, cover moving costs, or pay for childcare. We cannot continue to financially burden New Yorkers trying to make ends meet. I congratulate my colleague Council Member Ossé for identifying an everyday issue he faced and creating a solution for everyone on the same boat,”

 

Meanwhile, Annemarie Gray, executive director of Open New York, a grassroots nonprofit fighting for more homes for all New Yorkers, said for too long, New York’s housing policies have systematically disadvantaged renters, leaving them to face sky high rents and unnecessary fees. “That changes with the FARE Act, which will protect New York renters from thousands of dollars in broker fees they never asked for,” she said. “For those struggling the most, these fees represent one more barrier to finding a home, and eliminating them is a major step toward making housing more accessible for everyone.”

 

Rob Solano, executive director for Churches United for Fair Housing, also hailed the new law, saying, “The passage of the FARE Act is a historic victory for tenants across New York City and a powerful testament to the strength of organizing. For too long, renters have been forced to shoulder unfair broker fees, but today we’ve shown that when tenants unite and fight for justice, we win.” He added, “We are deeply grateful to the City Council, Speaker Adrienne Adams, and especially Council Member Chi Ossé for their bleadership and commitment to housing justice. This is a major step toward a fairer housing system for all New Yorkers.”

 

Bradley Tusk, political strategist, venture capitalist, and founder of Tusk Philanthropies said New Yorkers have been getting ripped off for decades and decades. “Now, it’s finally coming to an end thanks to Chi Osse and his colleagues in the City Council,” he said in part. “From the perspective of a tech investor and business owner in New York City, the more we can do to make it cheaper and easier for talented young people to come here and stay here, the better off we’ll be.”

 

 

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