FARE Act
Do You Have to Pay This Broker Fee? NYC FARE Act Check
Published by Nessoo.com. Last updated .
Direct answer
Since June 11, 2025, a landlord's agent, including a listing agent, cannot charge you a broker fee in New York City. No one can require you to hire a broker to rent an apartment. You can still choose to hire your own broker and pay them. All fees you must pay to rent must be listed in the ad and in an itemized written disclosure you sign before the lease. (NYC DCWP)
Does the FARE Act apply to my fee?
What the FARE Act does
The FARE Act (Local Law 119 of 2024) took effect June 11, 2025. It stops landlords from passing the fees of the brokers they hire on to tenants, and it requires landlords to disclose all fees a tenant must pay before the tenant signs a lease. (NYC DCWP)
Do I have to pay a broker fee in NYC?
| Situation | Under the FARE Act | Source |
|---|---|---|
| Landlord's agent charges you a broker fee | Not allowed | NYC DCWP, FAQ 2 |
| Listing agent (posted the ad with the landlord's permission) charges you a broker fee | Not allowed. An agent who publishes a listing is presumed to have the landlord's permission. | NYC DCWP, FAQ 2 |
| You are told you must hire a broker, or a specific agent, to rent | Not allowed | NYC DCWP, FAQ 4 and 5 |
| You choose to hire your own broker | Allowed. You pay them under your agreement. | NYC DCWP, FAQ 5 |
| Fees for background checks and credit checks charged by the landlord | The FARE Act does not prohibit them. DCWP points to Real Property Law section 238-a. | NYC DCWP, FAQ 2 |
This page states no dollar limits on any fee. DCWP's FARE Act FAQ does not list one. Check Real Property Law section 238-a or ask a lawyer for current rules on screening fees.
What has to be in writing
Every fee you must pay to rent must appear clearly in the ad. Before you sign the lease, the landlord or their agent must give you an itemized written list of fees with a description of each. You sign it, they keep it for three years, and you get a copy. (NYC DCWP)
Can I get my broker fee back?
Save everything. File a complaint with DCWP online. DCWP can issue a summons, and a violator can face a civil penalty and may have to pay back illegal fees. You can also sue in civil court. (NYC DCWP) File a complaint with DCWP.
A license is a separate check
The fee check does not confirm that an agent is licensed. For that, use the steps on how to check a New York broker license. Scam warnings live on the red-flag checklist. Also see the income-to-rent calculator and the 40x rule.
Where nessoo.com fits
Nessoo verifies renters' identity, income and assets.
Nessoo is free for renters, with no application fee on Nessoo. A landlord's own application may still charge a fee. nessoo.com does not decide whether a fee is legal. Use the check above and DCWP for that.
Common questions
Do I have to pay a broker fee in NYC?
Not to the landlord's agent or a listing agent. Since June 11, 2025, they cannot charge you a broker fee. You may still pay a broker you choose to hire. (NYC DCWP)
Do I have to pay a broker fee just to see the unit?
No. No one can require you to hire or pay a broker to rent an apartment, even if the broker says you must hire them to see it. (NYC DCWP)
Can a broker charge me a fee on a place I found myself?
Not if they are the landlord's or listing agent. An agent who publishes a listing is presumed to have the landlord's permission. (NYC DCWP)
Can a landlord make me use their broker?
No. No one can require you to hire a broker to rent, including a dual agent. (NYC DCWP)
Can a listing say the broker works for the tenant?
No. A broker who lists a unit on a site like StreetEasy or Zillow needs the landlord's permission, so they are acting for the landlord. (NYC Council, FARE Act FAQ)
Can I still hire my own broker?
Yes. You can hire and pay your own broker by choice. (NYC DCWP)
What fees does a landlord have to disclose?
All fees you must pay to rent. They go in the listing and in an itemized written disclosure you sign before the lease. (NYC DCWP)
Are rental application fees legal in New York?
Only for background and credit checks, capped at the actual cost or $20, whichever is less. A landlord cannot charge other application processing fees. (NY Real Property Law 238-a; NY Attorney General)
Is a move-in or admin fee legal?
Ask what it is for, in writing. NY law bars landlords from charging fees before or at the start of a tenancy beyond the capped check fee. (NY Real Property Law 238-a) Key money is illegal. (NYC HPD)
What if I signed before June 11, 2025?
The ban may not apply to a fee obligation that arose before then, depending on the circumstances. (NYC DCWP)
Can I get my broker fee back?
You can file a complaint and ask for restitution. You can also sue in civil court. (NYC DCWP)
How do I report an illegal broker fee?
File a complaint with DCWP online or by calling 311. Include texts, screenshots, receipts and the broker's contact details. (NYC DCWP)
Sources
- NYC DCWP, FARE Act page and FAQ (last updated 2026-06-02, checked 2026-10-27)Checked 2026-10-27
- NYC DCWP, file a complaintChecked 2026-10-27
- NYC Commission on Human Rights, source of income discriminationChecked 2026-10-27
- NYC HPD, apartment hunting tipsChecked 2026-10-27
- NY Real Property Law 238-aChecked 2026-10-27
- NY Attorney General, Residential Tenants' Rights GuideChecked 2026-10-27
- NYC Council, FARE Act FAQChecked 2026-10-27
- NYC DCWP, FARE Act in effect (2025-06-11)Checked 2026-10-27