NYC Broker Fees in 2026: How the FARE Act Works Now

Who pays the broker fee now?

If a broker works for the landlord, including a listing agent who posts the apartment with the landlord's permission, that broker cannot charge you a fee. The landlord is responsible if their agent does. An agent who publishes a listing is presumed to have the landlord's permission.

You can still hire your own broker to search for you and agree to pay them. That has to be your choice. No one can make renting a specific apartment depend on hiring a broker.

What must a listing and a landlord disclose?

Listings cannot include an unlawful broker fee, and they must clearly show every fee a tenant has to pay. Before you sign a lease, the landlord or agent must give you an itemized written list of all required fees with a description of each. You sign that disclosure, and they must give you a copy and keep it for three years.

Fees for background and credit checks are still allowed under state law. Ask for every fee in writing so you can compare apartments fairly.

What tactics should renters watch for?

The rule is simple, so problems usually show up as workarounds. Be careful if you see any of these:

• A fee with a new name, such as a finder's fee, real estate fee or management fee, for the landlord's broker.
• An offer of better odds on an apartment, or access to an off market unit, if you pay someone.
• A viewing that is suddenly unavailable after you say you will not pay a fee.
• A fee claimed after you sign the lease, based on a text or a verbal promise.

How do I file a complaint?

File online with the NYC Department of Consumer and Worker Protection (DCWP), linked from its broker fee FAQ. Include as much evidence as you can: texts, emails, screenshots, receipts and the broker's name and contact details.

If DCWP finds a violation, it issues a summons and the case goes to the city's Office of Administrative Trials and Hearings. A violator can face a civil penalty and may be ordered to pay restitution. Tenants can also sue in civil court.

Does the FARE Act apply outside New York City?

No. It is a city law. It does not cover Yonkers, Westchester or Long Island, and it does not apply in New Jersey. Across the river, who pays depends on who hired the broker and what the agreements say. Our New Jersey renting guide explains the rules there, including the $50 cap on rental application fees.

Should I still use an agent to rent?

Many renters do, especially when they are moving from out of town or on a tight timeline. A tenant's agent can save you time on tours and help you read the lease. Agree on how they are paid before they start, in writing, so there are no surprises.

Before you apply: a short checklist

• Ask who the broker works for, the landlord or you.
• Get the itemized fee disclosure before you sign anything.
• Do not pay cash to hold an apartment without a written receipt.
• Save every text and email about fees.