Renter's guide
Who pays the broker fee in NYC in 2026?
Whoever hired the broker. Under the FARE Act (NYC Admin. Code §§20-699.22–.24), effective 11 June 2025, a landlord's agent — and any broker who published the listing — is barred from collecting a fee from the tenant. Since most rental listings still come from landlord-hired brokers, most renters now pay no broker fee. You can still owe one if you separately hire your own broker to run a search for you, and that fee must be disclosed to you in writing, itemized, before you sign a lease.
The rule the FARE Act actually sets
New York City's FARE Act (Administrative Code §§20-699.22–20-699.24) took effect on 11 June 2025. It makes the party who hired the broker responsible for that broker's fee. A landlord's agent, and any broker who published the listing on the landlord's behalf, cannot collect a fee from the tenant — the landlord pays it. Since the large majority of rental listings still come from a landlord-hired broker, most renters in 2026 pay no broker fee at all.
When you might still owe a fee
The FARE Act doesn't ban broker fees outright — it bans charging the tenant for a broker the tenant didn't hire. If you separately retain your own broker to run a search for you, on units that broker doesn't already represent, that broker can lawfully charge you. Two things have to be true for that charge to be legitimate: you engaged the broker yourself, and the fee was disclosed to you in writing, itemized, before you sign anything.
What to expect to see, in writing
Whatever the fee situation, it has to be disclosed clearly and conspicuously — not buried in a PDF you get after you've already committed. On any page that functions as a listing venue, every fee a tenant might owe is supposed to be visible before you apply. If a listing is silent on fees, or a broker won't put the fee arrangement in writing before you sign, that's worth asking about directly.
"No-fee" isn't a category of apartment
You may still see the phrase "no-fee" used loosely, but it doesn't describe a fixed class of listing anymore. Whether you owe a fee depends entirely on who hired the broker showing you the unit, not on some inherent property of the apartment itself. Two identical units in the same building can have different answers depending on how each is being marketed.
Where this comes from
Sources
Last updated 1 September 2026. Nothing on this page is legal advice — verify current conditions or consult a housing attorney before relying on it for a specific situation.