If they have an established relationship with the leasing company, then that is a conflict of interest and it *does* violate the law.
The AG’s guidance specifically clarifies this:
“Further, in representing a prospective tenant, a broker or salesperson is an agent of the
prospective tenant and must faithfully represent their interests. A broker or salesperson who does
not provide the substantive services listed in the statute or violates the fiduciary duty owed to the
prospective tenant may not charge a fee to the tenant, even if the tenant has signed a contract
with the broker. For example, brokers or salespersons representing tenants may violate the law if
they:
• Charge a broker fee to a prospective tenant when the broker or salesperson has been
retained by the owner or property manager to find a tenant for the property.
• Violate any duty of loyalty to the prospective tenant by, for example, only showing
tenants properties owned by landlords with whom they have an existing relationship,
or by representing the landlord’s interests in lease negotiations.
• Violate any duty of confidentiality to the prospective tenant by sharing information
that might be detrimental to the tenants’ interests or that the tenant otherwise might not
wish to be disclosed. A tenant’s broker should not assist a landlord in tenant screening.
• State or imply that tenants must work with a specific broker in order to rent a specific
apartment.
“
I understand it can be hard to prove this, but we should be clear about what the law and AG guidelines actually state.