On November 13, the New York City Council passed the Fairness in Apartment Rental Expenses (FARE) Act, with 42 out of 51 council members voting “Yes” on the bill. The bill, which requires landlords to pay broker fees if they hire an agent to advertise or market a rental unit, is now with Mayor Adams for his review and approval.

How will the FARE Act impact the NYC rental market, and landlords specifically? StreetEasy® and Zillow® believe these changes will have a positive effect on the market and all involved, by making the city’s renting process more fair, accessible, and transparent.

Although the bill is not yet law and no changes have come into effect (see more information on timing below), in the meantime, it’s a good idea to prepare for what might come. As always, StreetEasy is here to help landlords navigate these changes and continue to succeed in an evolving industry.

Read on to learn more about the FARE Act, including how it will impact landlords and the NYC rental market.

We will continue to update this article as more information becomes available, and a clearer timeline emerges for when the changes will go into effect.

Table of Contents

    What is the FARE Act – and how will these changes impact NYC landlords and property managers?

    Currently, tenants are often required to pay a broker fee — costing up to 15% of the annual rent — before moving into a new apartment, even if they didn’t hire the broker. The FARE Act changes this by requiring the hiring party (usually the landlord) to pay the broker fee.

    If a landlord hires an agent to advertise or market the rental unit, the FARE Act requires them to pay the agent for those services. Landlords won’t be able to pass along these fees to tenants, as the FARE Act prohibits landlords from requiring tenants to pay broker fees as a condition of signing a lease agreement. The bill doesn’t change a renter’s ability to hire a broker of their choice, in which case they’d be responsible for paying the broker fee.

    Landlords and agents will also need to disclose any fees a tenant will be asked to pay to rent the property, including both upfront and recurring fees, in their listings and rental agreements. Before a lease agreement is signed, the landlord or landlord’s agent must provide an itemized written disclosure of any fees the tenant must pay to the landlord or any other person at the landlord’s direction, along with a short description of each fee. Failure to comply could result in penalties, including fines, or risk of lawsuit..

    When will the FARE Act go into effect?

    We will update this section as soon as a more exact timeline is known.

    If the FARE Act becomes law — whether through Mayor Adams’ signature or 30 days after City Council passage without a mayoral signature or veto— it will go into effect 180 days (about six months) later.

    In any of these scenarios, we’ll likely see the policy implemented in summer 2025. This means landlords should start thinking now about how they’ll adapt their operations.

    Why StreetEasy believes these changes are good for everyone

    Landlords and property managers may have mixed opinions on the FARE Act, since paying broker fees will increase their expenses. But we believe the effects will be positive for the NYC rental market in the long run and for everyone involved, including landlords.

    The FARE Act will make the NYC housing market more transparent, affordable, and efficient for landlords, agents, and renters alike. Disclosing all tenant fees upfront allows renters to quickly understand what they can and can’t afford, making it easier for you to find and connect with more qualified prospective tenants. The bill will also minimize confusion among renters and agents regarding broker fees and who pays them, creating much-needed clarity. Likewise, renters will benefit from lower upfront costs to sign a lease, enabling you to attract more tenants to your properties.

    Incidentally, the high upfront costs required to move into a rental — the bulk of which are broker fees — keep many renters from moving to NYC, and staying here once they do. By lowering these expenses, the FARE Act will allow tens of thousands of renters to afford an apartment and call the city home. This expanded pool of renters will give you more opportunities to fill vacancies and mitigate losses. 

    How is StreetEasy responding to these industry changes?

    StreetEasy is committed to helping landlords and property managers navigate these changes and thrive in their businesses. Here’s how we’re supporting industry partners like you:

    StreetEasy listings make it easy to disclose fees

    Though the requirement to disclose tenant fees upfront will not be in place until the FARE Act’s implementation, you can currently outline all your one-time and recurring tenant fees directly in your StreetEasy listing descriptions. As implementation approaches, we’ll assess further updates to the StreetEasy listing experience to meet landlords’ needs under the new legislation.

    Providing multiple ways to market your rental listings

    As always, you can continue marketing your properties to renters on StreetEasy in a variety of ways, including:

    By promoting your properties on StreetEasy, you’ll be able to reach renters where they’re searching. StreetEasy and Zillow Group’s other consumer brands have on average more than half of the market share in New York.¹

    Advocating for changes to improve the NYC rental market for all

    StreetEasy and Zillow believe the FARE Act is just one step of many toward a more transparent, affordable, and efficient housing market. Here are other efforts we’re supporting to address NYC’s housing crisis:

    Lowering upfront costs: In addition to broker fee reform, StreetEasy and Zillow are collaborating with policymakers and advocates on policy and product solutions to help mitigate upfront costs, including:

    • Allowing tenants to pay their security deposit in installments over the full term of a lease rather than in full upfront, which can significantly reduce the burden of upfront costs.
    • Increasing transparency around fees to help renters better understand what they can afford when searching for a new home.
    • Making it easier for renters to report positive rental payment history to credit bureaus, helping them build credit through regular rent payments and unlock a path to homeownership.
    • Supporting closing cost and down payment assistance programs to reduce the upfront financial burden on buyers and help make homeownership more accessible.

    Increasing housing supply: As we aim to lower upfront costs and reduce friction in the process, there simply aren’t enough homes to meet demand. To alleviate the supply shortage, StreetEasy and Zillow are working with industry partners and housing affordability advocates to push for policy solutions such as:

    • Adopting tax incentive programs and zoning laws that allow the creation of accessory dwelling units (ADUs), basement-apartment conversions, and commercial-to-residential conversions.
    • Promoting practices that ensure consumers have fair and transparent access to all real estate listings, enabling them to make informed decisions and find the home that is their best option, and ensuring landlords can market their rental units to the broadest possible audience of potential renters.

    Reducing friction in the process: Even if we’re successful in lowering upfront costs and building more housing, friction still holds consumers and agents back. StreetEasy and Zillow are pushing to remove or reduce this friction by:

    • Strengthening the enforcement of fair housing laws and allocating resources to increase industry and renter education and outreach.
    • Supporting additional funding for housing vouchers and rental assistance programs.
    • Supporting requirements for consumers and real estate agents to enter into written representation agreements in all real estate transactions, ensuring consumers know the services they’ll receive from agents, how much they’ll pay for those services, and who will be paying for those services.

    As part of our advocacy for resources and legislation to combat housing discrimination statewide, we’re partnering with fair housing advocates like the Fair Housing Justice Center, Enterprise Community Partners, and the Center for NYC Neighborhoods (CNYCN), as well as industry groups like the New York State Association of Realtors (NYSAR). We’ve also signed the City of Yes letter and joined the Yes to Housing Coalition.

    Partner with StreetEasy for a better NYC rental market

    At StreetEasy, we welcome dialogue with landlords and property managers. This open communication is critical as we work together to improve the NYC rental market.

    We know there’s a lot of uncertainty surrounding the FARE Act and related changes. We want to hear your questions and concerns so we can shape the future of NYC rentals together. Please fill out this brief form to connect with us.

    ¹Source: Comscore Media Metrix ®, All Platforms, Key Measures (Comscore Market), Total Unique Visitors, 6-month average, Feb – July 2024, New York, NY, U.S.

    StreetEasy is an assumed name of Zillow, Inc. which has a real estate brokerage license in all 50 states and D.C. See real estate licenses. StreetEasy Concierge team members are real estate licensees, however they are not your agents or providing real estate brokerage services on your behalf. StreetEasy does not intend to interfere with any agency agreement you may have with a real estate professional or solicit your business if you are already under contract to purchase or sell property.