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New York City’s FARE Act In Court: Whether It’s “Fair” Is Still Under Review
In late 2024, the City Council upended the New York City rental markets when it passed the Fairness in Apartment Rental Expenses (FARE) Act , which, in part, prevents a real estate broker who “publishes” a real estate listing or who enters into a listing agreement with a landlord from seeking payment of their brokerage fee from the prospective tenant. The real estate industry argued that the law is unconstitutional and preempted by state statute. On June 10, 2025, REBNY v. City of New York allowed the Act to take effect on June 11, 2025. This article analyzes the district court’s decision, its impact, and what happens next.
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Landlord & Tenant Law
Kingston’s Rent Stabilization Ordinance UpheldBroker Discriminated On Basis of Disability and Source of IncomeTenant’s Default In Payment of Rent Precludes Defense Based On Breach of Covenant of Quiet EnjoymentGuarantors Bound By Settlement AgreementTenant Challenge to MCI Increases RejectedLandlord Established That Reconfigured Apartment Was Deregulated
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Real Property Law
Adverse Possession Claim UpheldIntent to Abandon Easement Not EstablishedDeed Validity Upheld Despite Absence of Delivery to One Co-Tenant
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Development
Tenant Did Not Waive Its Right to Renew Lease of Air RightsLandowner Had No Vested Right to Maintain ShedSpecial Permit Denial OverturnedChallenge to Application of Zoning Amendment Not Ripe
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Co-ops and Condominiums
Unit Owner Required to Correct Unauthorized Alterations
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