James Everett Lewis, President

I am sorry, but the fact is: this is a building in New York City. Complaining about "thin walls" and "noisy neighbors" and "not liking the music played in the building"?

To me it seems these are things that, as long as they are permitted under the Law, are standard NYC complaints a.k.a. things we deal with to get the shot to live here. Owners are not responsible for people roaming the halls of any building, "high" or not, it is the responsibility of the tenants to report this to Law Enforcement.

Portland and about 1000 other cities in various states are pretty quiet (or so I hear), and you can even choose to not have the radio on in your house.

Also to be clear, if there was a broker (Listing Broker), and she was not dealing with the Owner or a Property Manager directly, obviously introducing a broker last minute to try and co-broke would raise flags - but if she is truly for for a For Rent By Owner or even going through a Property Management Office, as long as there is no listing broker, why should she not reserve the right to hire a broker to review the leases and advise her on the market? It's her choice. But if she was shown an apt that was advertised by a true listing broker, I could see where things could get messy. Again, the original question was not vague, but didn't say whether or not the property was listed by a broker or a real Owner/PM company...

"The property owner should not object because our bringing in a broker does not affect his take."

This is where it gets vague and needs clarification in order to give informed advice.

Firstly, this post is vague in that the poster says that he/she is willing to pay the fee, and that he/she is working with a Property Manager or Owner directly, considering introducing a fee broker. These parties (Owners and PM's) are not entitled to brokerage fees paid by approved Applicants in NYC.

In New York, you as a prospective tenant/applicant reserve the right to introduce representation at ANY TIME (just as you reserve the right to "fire" a broker or agent who is not working to your satisfaction or working unethically), especially if YOU are paying the broker.

Even if the Management Company were paying an OP, you reserve that right - though they may not be able to give you the "preferred" or discounted monthly rental price by paying the broker...but again, you said you would pay the broker directly.... If you are paying 15%, 20%, 3%, whatever you want for someone's advice and expertise, that is your choice and right. If your company is paying the broker, and you found and secured the apt and lease on your own, I could see how things could get sticky and they would not want to pay. Also, if an Owner or MGMT Company who would be expecting to not pay a fee since they showed you the apt and secured you the Lease and set up appointments, etc - I could see how they could oppose...but again you said you are paying. But who is anyone to say that you do not reserve the right to pay a fee of any rate to whomever you want to advise you on a leasing decision.

It is within your rights to introduce representation at any point up until executed (Owner and Tenant Ink-Signed) Contacts. Also, Property Owners and Management Companies are not entitled to "cuts" from Broker commissions in NYC. Someone please correct me if any of these points are wrong, but I am sure I can find you Leasing Directors at Major Firms that agree with everything I have said.

Feel free to contact me directly, I will try and help for no charge. I am not a lawyer and cannot advise on legalities or tell you what you can or can't sign, but I can tell you about the market.