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The short answer
The FARE Act, in force in New York City since 11 June 2025, means a landlord's agent, including a listing agent, may not charge the tenant a broker fee, and you cannot be required to hire a broker to rent a flat. You still pay a broker you hire yourself, and landlords may still charge for background and credit checks. Every fee you pay must be disclosed in the listing and itemised in writing before you sign.
For years, renting in New York meant paying a broker you never chose, often a large sum on top of rent and deposit. For a newcomer from Nigeria, that fee could be the difference between getting a flat and staying on a relative's sofa. The Fairness in Apartment Rental Expenses (FARE) Act changed who pays. This guide follows the city's own FAQ.
What the law changed
The NYC Department of Consumer and Worker Protection (DCWP) FAQ, updated 2 June 2026, sets out the rules:
- Effective date: 11 June 2025.
- Landlord's agents cannot charge tenants. A broker or listing agent working for the landlord may not charge the tenant a broker fee.
- No forced broker. A tenant cannot be required to hire a broker as a condition of renting.
- Your own broker is your cost. If you hire a broker to search for you, you can agree to pay them.
- Screening fees remain. Landlords may still charge for background and credit checks, under New York Real Property Law section 238-a(1).
- Disclosure. Every fee the tenant pays must be shown in the listing and in an itemised written disclosure that you sign before the lease. Landlords and agents must keep it for three years.
Who pays in common situations
| Situation | Who pays the broker |
|---|---|
| You answer a listing posted by the landlord's agent | The landlord; you cannot be charged |
| You hire your own broker to find flats for you | You, on terms you agree |
| The landlord insists you use their broker | Not allowed: you cannot be required to hire a broker |
| The landlord charges for a credit check | You, as a screening fee that must be disclosed |
Read the itemised disclosure line by line. A fee relabelled as "admin" or "move-in" still has to be disclosed, and if it looks like a broker fee under another name, you can raise it with DCWP.
A worked example
Example only. Chiamaka, a nurse new to the city, rents a $2,400 a month flat through the landlord's listing agent.
| Move-in cost | Under the old practice (example) | Under the FARE Act |
|---|---|---|
| First month's rent | $2,400 | $2,400 |
| Security deposit | $2,400 | $2,400 |
| Broker fee, example of one month's rent | $2,400 | $0 |
| Credit check | $20 | $20 |
| Total | $7,220 | $4,820 |
The saving in the example is $2,400, a third of the old total. Some landlords may build their costs into the rent instead, so compare rents as well as fees.
Searching from Nigeria or as a new arrival
Flat-hunting from Lagos or Abuja before you fly is where most rental scams happen. The FARE Act gives you a simple test: if the listing comes from the landlord's side, nobody should be asking you for a broker fee. Be wary of anyone who wants a "holding fee" or deposit by transfer before you or a trusted person has seen the flat and the lease. Ask who the agent represents, ask for the itemised fee disclosure, and check that the landlord named on the lease matches the person you are paying. Paying a deposit by a traceable method from a US bank account, after viewing, protects you if something goes wrong.
Do you still need a broker?
Some newcomers still hire a tenant's broker, for example to find flats that accept guarantors or to save time. That is allowed, and you pay the fee you agree. Get the terms in writing: the amount, when it is due, and what happens if you find a flat yourself.
If you are charged anyway
- Ask for the itemised fee disclosure and who the agent represents.
- Keep the listing, messages and receipts.
- File a complaint with DCWP online. The FAQ says cases can go to a hearing at the Office of Administrative Trials and Hearings (OATH), and tenants can also go to civil court.
- Do not refuse to pay rent or deposit to make the point; separate the disputed fee.
What it does not change
The FARE Act is about fees, not approval. Landlords can still set income tests, ask for a guarantor and check credit. A newcomer with no US credit history still needs a plan for that. The CFPB's checklist for people with no credit file suggests starting with a secured card, where a deposit of about $50 to $300 sets the limit, or a credit-builder loan that reports to the bureaus. See the 40x rent rule for new arrivals and renting with no US credit history. For the full first-month budget, see moving to New York from Nigeria.
What to check first
- Who the agent works for, in writing.
- The listing shows every fee you will pay.
- The itemised disclosure before you sign the lease.
- That screening fees are for background and credit checks only.
- Where to complain: DCWP.
Where Pryme fits
Paying the deposit and first month from savings you held in Nigeria is common. A Pryme account holds naira and dollars, and Swap shows the rate and the fee before you approve, so you know the dollar amount you will have. See Swap.
Questions people ask
Do tenants still pay broker fees in NYC?
Not to a broker who works for the landlord. Since 11 June 2025 the FARE Act bars landlord's agents from charging tenants. You pay only a broker you hire yourself.
What fees can a NYC landlord still charge?
Fees for background and credit checks, and any fee must be disclosed in the listing and itemised in writing before you sign.
Can a landlord make me use their broker?
No. The DCWP FAQ says a tenant cannot be required to hire a broker as a condition of renting.
How do I complain about an illegal broker fee in New York?
File a complaint with DCWP online. Cases can be heard at OATH, and you can also go to civil court.
Sources
- NYC DCWP: Fairness in Apartment Rental Expenses (FARE) Act FAQ (updated 2 Jun 2026) · accessed Oct 2026
- CFPB: Building credit, checklist for consumers with no credit history · accessed Oct 2026
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