Since June 11, 2025, New York City's FARE Act (Local Law 119 of 2024) says whoever hires the broker pays the broker. A landlord's agent - including one who only posted the listing - can't collect a fee from you. Four questions tell you whether the fee you paid is one you can demand back.
The Act turns on when the fee was paid and whom the broker represented, not on what the fee was called. General information, not legal advice. Attorney Advertising.
Whoever hires the broker pays the broker. A broker representing the landlord - which under the Act includes a broker who published the listing - may not collect any fee from the tenant. Every fee must be disclosed in writing before the lease is signed, and relabeled fees are still fees: calling the landlord's broker fee a "processing," "application," or "move-in" charge doesn't make it legal (New York State separately caps application fees at $20 under the 2019 rent laws). The NYC Department of Consumer and Worker Protection enforces the Act with civil penalties, and tenants have their own claim to recover what they paid.
| Situation | Under the FARE Act |
|---|---|
| Landlord's agent charged you a fee, paid on/after June 11, 2025 | Refund claim |
| Broker you hired yourself to find you an apartment | Legal to charge |
| Fee paid before June 11, 2025 | Not covered (Act isn't retroactive) |
| Apartment outside New York City | Not covered (NYC local law) |
| Fee relabeled "processing" / "move-in" / "application" over $20 | Still a claim |
Write to the landlord and the broker, state the date and amount, cite the FARE Act, and demand the refund by a date. Many pay when the demand comes from counsel; a FARE Act broker fee refund letter from a New York attorney is $349 flat, mailed certified within 48 hours. The DCWP complaint is free and runs in parallel. If the letter is ignored, small claims court handles the refund for a $15–$20 filing fee - the court finder tells you where. The full background is in the FARE Act tenant guide.
Attorney-signed FARE Act refund demand: the date, the amount, the statute, a deadline - on firm letterhead, certified mail, 48 hours. $349 flat, eligibility screened free first.
See the FARE Act letter →Attorney Advertising. Prior results do not guarantee a similar outcome. Verified against Local Law 119 of 2024 and DCWP guidance as of August 2026 by Hochman Law PC. More free NY tools →