Key Takeaways: NYC FARE Act (Fairness in Apartment Rental Expenses)
• The FARE Act requires the party who hires the broker to pay the broker fee in NYC rentals
• Landlords who use brokers for leasing are now typically responsible for paying commissions
• Tenants generally should not be charged broker fees when they did not hire the broker
• The law changes cost allocation, not whether brokers are used in rentals
• Small landlords may see higher upfront leasing costs when listing through agents
• Private rentals without brokers are usually unaffected
• “No-fee” listings increase for tenants, but fees still exist on the landlord side
• Misunderstanding is common because broker fees are not eliminated, just reassigned
Understanding the FARE Act Beyond the Headlines
The FARE Act in NYC addresses how broker fees are assigned in residential rentals. Historically, tenants often paid broker fees even when the broker was working for the landlord. That mismatch is what the law is trying to correct.
Instead of removing broker fees, the law ties payment responsibility to who actually hires the broker. In most standard rental listings, that means the landlord.
What This Means for Small Property Owners
For small landlords, especially owners of 2–4 family buildings, the practical change is financial timing. If you list a unit through a broker, you should expect to cover the broker’s commission rather than passing it to the tenant at lease signing.
If you handle leasing yourself, or rent without a broker, the law doesn’t really change your process.
Bottom Line for Small Property Owners
The FARE Act does not remove broker fees from NYC rentals. It shifts them. Small landlords using brokers will see higher upfront leasing costs, while tenants are generally no longer charged fees for brokers they did not hire.




