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03/05/2025

Real Estate Board of New York, Inc. v. City of New York (Amicus)

The Legal Aid Society, as counsel to Neighbors Together Corp., a non-profit organization dedicated to ending hunger and poverty, filed amicus briefs in support of New York City’s Fairness in Apartment Rental Expenses Act (the FARE Act). The FARE Act prohibits brokers who are marketing an apartment for a landlord—either because they have an agreement to do so or because they have listed an apartment with the landlord’s permission—from charging a tenant a fee to rent the apartment. Broker fees have a significant impact on tenant mobility and access to housing, and the FARE Act serves as an important protection for tenants. In the suit, REBNY argued that the law violated the First Amendment and the Contracts Clause of the U.S. Constitution, the Free Speech Clause of the New York Constitution, and that it is preempted by state law.

In June 2025, a federal judge dismissed the majority of REBNY’s claims and denied its request for a preliminary injunction. REBNY appealed to the Second Circuit. Legal Aid, again on behalf of Neighbors Together, filed an amicus brief with the Second Circuit.