Those Hefty Broker s Fees Can Still Be Collected Following State Judge s Ruling
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Apartment hunters can continue to be asked to shell out steep broker’s fees, a judge ruled Friday, after state regulators sought to suspend them following a sweeping update of the state’s rent laws in 2019.
In a nine-page ruling, Albany County Judge Shannon Kushner said the passage of the Statewide Housing Security & Tenant Protection Act of 2019 does not allow the Department of State to prohibit brokers from collecting fees from renters. The act dramatically overhauled the state’s prior rent laws that critics said contributed to inequality in the city. Included in one provision of the act was a passage that states brokers acting on a landlord’s behalf can no longer charge certain fees “before or at the beginning of the tenancy.” Kushner ruled the state misinterpreted that portion of the act and erred in issuing guidance early last year that sought to clarify that brokers ca