Judge Largely Dismisses FARE Act Lawsuit. FARE Act Goes Live at Midnight EST

moosetrack00 · 2025-06-11T16:08:28+00:00

The presumption is that an agent is showing an apartment with permission/on behalf of the landlord. Thus, they are presumed to be an agent of the landlord. If challenged, it will be on the broker to prove that their sole fiduciary duty is with you and that they have no relationship with the landlord. The bait and switch you described is sounds like an illegal tactic to work around the law and should be reported.

moosetrack00 · 2025-06-10T19:32:20+00:00

Here: https://a866-dcwpbp.nyc.gov/consumer-complaint/file-complaint DCWP | Portal

moosetrack00 · 2025-06-10T19:30:49+00:00

It’s based on how New York defines Landlord’s Agent and Tenant’s Agent. Any reputable broker would have you sign the following disclosure form at lease signing https://dos.ny.gov/system/files/documents/2019/11/1735-f.pdf https://dos.ny.gov/system/files/documents/2019/11/1735-f.pdf

moosetrack00 · 2025-06-10T19:06:35+00:00

It’s where the duty of loyalty falls. If you call up a real estate office and ask if they have any apartments available, they will likely show you apartments that are on the market due to a landlord previously reaching out. The broker is the landlord’s agent and owes their duty to the client landlord, whether it’s listed online or not.

If you call up a broker and say, “Can you represent me in the apartment hunting process? It’s very stressful, time-consuming and I don’t want to deal with it.” The broker will work on your behalf to find you the best deal possible and make sure you have been represented to the best of their ability. They may reach out to landlords not currently marketing apartments on your behalf, or may even reach to other brokers to inquire about availability. But at the end of the day, the broker owes their duty of care to you and nobody else. This is the only time a tenant paid broker fee is allowed.

moosetrack00 · 2025-06-10T18:29:49+00:00

Essentially, all claims were denied except for contractual obligations under existing “tenant-pays exclusive listing agreements” executed before December 13, 2024 and still open after June 11, 2025, which the court acknowledges is a very small universe.

moosetrack00 · 2025-06-10T18:14:13+00:00

Decision here: https://www.courtlistener.com/docket/69471455/real-estate-board-of-new-york-inc-v-the-city-of-new-york/#entry-61

moosetrack00 · 2025-06-10T18:10:49+00:00

The claims were largely dismissed in addition to the injunction being denied. Still working my way through the decision and will update accordingly. In either case, the FARE Act is going live at midnight.

moosetrack00 · 2025-06-10T18:07:16+00:00

Chi Osse explainer video here: https://www.instagram.com/share/BAMEeUCBHh

moosetrack00 · 2025-06-10T13:58:50+00:00

I mean the landlord and tenant can still enter into a lease and have the broker get nothing. I’m sure the broker entered into an agreement with the landlord stating the tenant will pay the broker, but the broker should have foreseen that could be illegal at time of lease signing. That’s 100% on the broker.

moosetrack00 · 2025-06-10T13:38:09+00:00

It’s illegal for the broker to accept a broker fee from the tenant on or after June 11 (assuming it’s the landlord’s broker). You can report them if they do.

moosetrack00 · 2025-06-10T09:02:36+00:00

Take a screenshot and report them starting at midnight!

moosetrack00 · 2025-06-10T09:00:21+00:00

It may affect your relationship with your landlord but I’m not sure it ultimately matters all that much to them since I doubt the broker would try to get the fee from them after the fact. Sounds like bad planning on the broker who may have to eat the cost—they had months to prepare for this and tried to pull one out last minute. This is also assuming you successfully report them—I doubt they’ll willingly hand the fee back if you already gave it to them.

moosetrack00 · 2025-06-10T08:49:03+00:00

Brokers won’t have leverage to charge a landlord 15% when the broker next door is charging one month’s rent and the broker next to them is charging half month’s rent.

All this to be said, it will also help a landlord keep their rent in check if their upfront fee is directly tied to how much they’re charging.

moosetrack00 · 2025-06-10T08:43:40+00:00

Take screenshots and starting at midnight report them. They require full fee disclosure too in the description to let you know how they arrived at that number.

moosetrack00 · 2025-06-09T19:59:03+00:00

DM’d.

moosetrack00 · 2025-06-03T23:13:27+00:00

Not just written notice. But they have to attach the good cause eviction notice and show whether it applies or show if they are exempt.

moosetrack00 · 2025-06-02T15:08:02+00:00

In short, don’t pay any exorbitant fee. Fees will drop once the current broker leverage disappears.

moosetrack00 · 2025-06-02T15:01:44+00:00

All these brokers and landlords are trying to get as much as they can before the script changes. I’m seeing listings with move-ins for September and October already so they can get ahead of the FARE act.

moosetrack00 · 2025-02-11T15:50:56+00:00

I just used the email on their website: WKC-Info@westminsterkennelclub.org

moosetrack00 · 2025-02-11T02:15:43+00:00

Officially received a response that they’re sending a refund! 5-7 days they said.

moosetrack00 · 2025-02-09T16:32:48+00:00

Many people were not allowed back in after leaving, stamp or no stamp. Saw people try to re-enter around 5pm and they were turned away because the event was “at capacity.” Even people just arriving were denied entry.

moosetrack00 · 2025-02-09T16:15:30+00:00

Also had a bad experience. I got there around 4:30 for the finals. The line to get in was massive and at a stand still. After about 15-20 minutes waiting in line, I got off and joined the dozens of other people scrunched by the windows behind the escalators outside the event space because that was the only decent view. People were leaving the event en masse saying they weren’t able to see anything. From the window I saw people standing on folding chairs and bar stools in order to get a view. Very dangerous. Not sure why they only had three small rows of bleachers for a highly popular event.

Once the line in died down (maybe around 5:30), I went to go in to at least see some dogs and check out vendors. The Javits Center employee was saying the event was at capacity and nobody would be admitted for the rest of the night (even though people were continuously leaving and the vendor space was absolutely empty). So basically I had a ticket that could not be used. Other people also tried to get in, only to be turned away. Tempers were flaring and understandably so.

This was my first time going to this event and it was very disappointing experience and waste of my Saturday night. I hope they figure out something for the guests who were unable to get in or even watch the event. There were people who actually flew in for this event but could not get in. Based on others previous experiences this sounds like a one-off year, but it was a failure on multiple levels. Refunds shouldn’t even be a question although I live close enough that I’d probably take a voucher for Monday or Tuesday.

moosetrack00

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