In NYC, a landlord’s broker, including the listing agent, cannot charge their commission to the tenant. A broker you independently hire can charge you. The difference is the relationship, not whether the advertisement contains the word “broker.” Read DCWP’s current FARE Act FAQ for the rules.
A landlord’s listing agent
If an agent is marketing the landlord’s unit, ask them to identify their role. Keep the listing and correspondence. Review the written charge disclosure rather than assuming the commission is a standard tenant expense.
A broker you choose to help your search
Discuss the service, scope and fee before engaging your own broker. Read the agreement and keep a copy. Do not assume that contacting a listing agent and choosing independent search representation are the same arrangement.
A direct landlord listing
Ask who owns or manages the property and who is authorized to rent it. A direct listing can still have other disclosed move-in charges. Verify the offer and its costs rather than interpreting “by owner” as a complete promise about the transaction.
A short comparison checklist
- Who is each person acting for?
- Which services, if any, have I independently engaged?
- What does each proposed agreement say about the relationship and fee?
- Who receives each payment, and what written disclosure or receipt supports it?
When the role is unclear
Ask for clarification before signing or paying. Save the documents and consult DCWP or a qualified adviser if the parties give conflicting explanations. Avoid drawing legal conclusions from a general article when the actual agreement is disputed.
During your apartment search
AptAlert links to public Craigslist, StreetEasy and LeaseBreak listings. Its alerts help you notice possible matches but do not determine broker obligations or confirm the advertiser’s authority. Use the same checks whether the lead arrives by email, Telegram or a direct search.