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Leasing & tenant law · 10/31/2026

Opinion: FARE Act Fines Are Rare, Columnist Says Brokers Deserve Credit

A Real Deal opinion column published 10/31/2026 argues that news coverage of the FARE Act overstates broker misconduct. It says complaints keep falling and only 1 in 45 has led to a fine, with 55 fines totaling $60,000 so far. The city's consumer protection commissioner, Sam Levine, wants the state to bar brokers from representing both tenant and landlord.

Reported by The Real DealRead the original ↗

Photo: Andre Carrotflower, CC BY-SA 4.0

What happened

The Real Deal published an opinion column on 10/31/2026 arguing that media coverage of the FARE Act is unfair to rental brokers. The writer says verified violations by apartment brokers have been rare since the law took effect, but news stories focus only on what brokers did wrong.

The column responds to a City Reporter article published the Thursday before. That article was headlined "NYC Broker Fees Are Banned but Not Gone as City Ramps Up Enforcement." It reported that officials issued $60,000 in penalties over about a year and a half and that $24,000 has been recovered for tenants. City Reporter also highlighted 55 FARE Act fines through mid-October 2026 and noted that complaints have fallen recently.

The Real Deal writer argues those figures show high compliance. He says FARE Act complaints and inquiries keep going down and only 1 of every 45 has led to a fine. He puts fines at about $115 a day in a city of 2.3 million rental units. He grants that many violations probably go unreported, especially when a tenant who was illegally asked to pay a broker still gets the apartment.

The column also disputes Sam Levine, the mayor's consumer protection commissioner. Levine wants the state to bar brokers from representing both the tenant and the landlord. He says the two sides have "completely misaligned interests." The writer argues landlords and tenants are more aligned than not, since both want a lease signed.

Key facts

Type of article
Opinion column, The Real Deal, 10/31/2026
Penalties issued
$60,000 over about a year and a half, per City Reporter
Recovered for tenants
$24,000, per City Reporter
Number of fines
55, through mid-October 2026, per City Reporter
Complaints leading to fines
1 of every 45, per The Real Deal column
Daily fine total
About $115 a day, per The Real Deal column
Rental units in NYC
2.3 million, per The Real Deal column
Proposed change
Consumer protection commissioner Sam Levine wants the state to bar brokers from representing both tenant and landlord

What it means

Landlords

The city's consumer protection agency is still issuing FARE Act fines, even if the numbers are small. If the state adopts Levine's proposal, owners could no longer use one broker who represents both sides of a lease.

Tenants and voucher holders

Tenants who are illegally asked to pay a broker fee can file a complaint, and the city has recovered some money for tenants. Both sources agree that falling complaint numbers do not prove every violation is being reported.

Caseworkers

Clients searching for apartments may still face improper broker fee demands. Caseworkers should know that complaints can lead to fines and that money has been recovered for some tenants.

The highlights

  1. The city issued 55 FARE Act fines totaling $60,000 in about a year and a half.
  2. About $24,000 has been recovered for tenants, according to a City Reporter article.
  3. Only 1 of every 45 FARE Act complaints and inquiries has led to a fine.

Why it matters Landlords

FARE Act enforcement is active, and a proposed ban on dual agency could change how brokers work for landlords and tenants.

What to do: Confirm that any broker you hire does not charge tenants a fee.

Not known yet

  • How many total FARE Act complaints and inquiries the city has received
  • Whether any state lawmaker has introduced a bill to bar brokers from representing both sides
  • How the $24,000 was returned to tenants and how many tenants received it
  • How many of the 55 fines involved brokers versus landlords or others

Background

The FARE Act is a New York City law on broker fees. In general, it says the party that hires a broker pays that broker. A landlord or a landlord's agent generally cannot pass the broker fee on to the tenant. Tenants who believe they were charged improperly can file complaints with the city's consumer protection agency, which investigates and can issue fines.

Also drawn from: Rental brokers get raw deal in FARE Act coverage (The Real Deal · New York)

Summary written by Bulwark from The Real Deal’s reporting. The original story is at therealdeal.com. This is general information, not legal advice.

Brooklyn, NY

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Photo: Andre Carrotflower, CC BY-SA 4.0
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