Members Login Join RSA!

 

Google+ Delicious Digg Facebook Google LinkedIn StumbleUpon Twitter Reddit Newsvine E-mail

Delay in Broker Fee Lawsuit Continues

The temporary restraining order (TRO) requiring tenants to continue paying broker fees will remain in place until at least the end of October.
By way of background, the New York Department of State (DOS) issued a document in early February known as “Guidance for Real Estate Professionals” relating to the implementation of the Housing Stability and Tenant Protection Act (HSTPA) of 2019. Based on their interpretation of the HSTPA, the Guidance shifted the responsibility for the payment of the fee from the tenant to the owner where the broker is the building owner’s “agent.”
The Real Estate Board of New York (REBNY) and New York State Association of Realtors (NYSAR) immediately filed an Article 78 Petition in the New York State Supreme Court seeking to overturn the Guidance. The Court ultimately issued a TRO that halted the Guidance issued by DOS and would require tenants to continue paying broker fees until further notice.

REBNY and NYSAR were expected back in court on March 13th. State Attorney General Letitia James subsequently requested an extension on March 6th to respond to the Real Estate Board of New York (REBNY) and New York State Association of Realtors’ (NYSAR) Article 78 Petition which further delayed the hearing in court until June 12th.

However, the ongoing impact of the COVID-19 (Coronavirus) pandemic on the State’s court system pushed back the hearing once again until September 25th. Furthermore, in late August, the hearing was once again pushed back to October 23rd at the State’s request. As a result, the TRO continues to remain in effect.

Pending any further delays, we hope to have an update on this lawsuit in the November issue of the RSA Reporter

 Pay your RSA membership bills online

CALENDAR
October 2020
MoTuWeThFrSaSu
   
1
01 Oct 2020 00:00
Heating Season Begins
01 Oct 2020 00:00
Local Law 87
01 Oct 2020 00:00
Rent Registration Deadline
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
24 Oct 2020 00:00
Tax Assessments
25
26
27
28
29
30
31
 


Event Highlights


more events »

Sign up for our email list
Name:
Agent #:
Company:
Phone:
Email:
STAY CONNECTED