In effect since June 11, the FARE Act has made broker fees the responsibility of the party who hires the broker — in most cases, the landlord or property manager. Additionally, the Housing Stability and Tenant Protection Act of 2019 (HSTPA) limits upfront costs like application fees, security deposits, and advance payment of rent, and New York General Business Law prohibits deceptive or misleading business practices.

Brokers, landlords, and property managers must abide by these laws. But as an NYC renter, it’s important to look out for rental listings that may violate the FARE Act, HSTPA, or NY General Business Law, and to report violations to the agencies responsible for enforcement. By reporting FARE Act violations, you’re helping create a fairer, more transparent NYC rental market for all. You’re also making StreetEasy better for renters, so you can browse listings with confidence that everything’s above board.

Here are some possible violations you may encounter, and how to report them.

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    We work hard to prevent non-compliant listings from being posted, but if you encounter any of these possible violations, we encourage you to report the listing on StreetEasy. Simply click the “Report listing” button on the listing page and fill out the form.

    1. You’re being charged a broker fee despite not hiring the broker

    Under the FARE Act, if you did not hire the broker to represent you, you should not be asked to pay a broker fee. 

    If you find a listing on StreetEasy, the broker is working on behalf of the landlord or property manager by marketing the rental, and cannot charge you a broker fee. Should you encounter a listing mentioning a “tenant’s agent” or broker fees, it’s likely a violation of the FARE Act.

    How to report:
    File a complaint with the NYC Department of Consumer and Worker Protection (DCWP)

    2. A broker is requiring you to hire them in order to see a listing

    Let’s say you inquire about a listing, and you’re told you need to hire the broker in order to see the apartment in person. Or, you’re shown a property but are then told you need to hire the broker to tour additional off-market listings. This likely violates the FARE Act.

    How to report:
    File a complaint with DCWP

    3. A listing charges a significantly higher first month’s rent than the rest of the lease

    If you’re asked to pay more than the listed monthly rent as the first month’s rent upfront, it may be a violation of HSTPA and/or the FARE Act. For example: a listing with a monthly rent of $1,800 is asking for $5,040 for the first month. This is also likely a violation of NY General Business Law, which prohibits “deceptive acts or practices” in business.

    How to report:

    4. You’re being charged other costs or fees that may violate HSTPA

    The Housing Stability and Tenant Protection Act of 2019 (HSTPA), also known as the 2019 rent laws, set restrictions on costs and fees a tenant may be charged upon signing a new lease. It’s important to note these laws only apply in rental buildings; if you’re renting an apartment in a co-op or condo building, HSTPA laws may not apply.

    Look out for rentals asking for:

    • Miscellaneous fees like a holding fee, key fee, repainting fee, etc.
    • Application fee of more than $20 (including background check)
    • Security deposit exceeding one month’s rent
    • Advance payment of more than one month’s rent

    Learn more about your rights under the 2019 rent laws.

    How to report:
    Call 311 and ask for the Tenant Helpline, or file a complaint

    Already paid a cost or fee that may have been unlawful?

    If you believe you’ve paid a cost or fee that violates the FARE Act, HSTPA, or NY General Business Law, you may be able to pursue private civil action (depending on the regulation). Reach out to an attorney for further guidance.

    Even if you’ve already made the payment, it’s still important to report the listing on StreetEasy, and to the enforcing agencies mentioned in this article so that they can take appropriate action.

    More resources for renters

    StreetEasy is committed to a fair and transparent marketplace for all New Yorkers. Our NYC Renters’ Rights: Resource Hub for Renters contains helpful articles, guides, and videos on broker fees, your rights as a renter, navigating the rental process, and more.

    VISIT RESOURCE HUB