Who Pays the Broker Fee When Renting? NY Bill Shifts Responsibility to Landlords

Who Pays the Broker Fee When Renting? NY Bill Shifts Responsibility to Landlords

Posted on June 14th, 2024


The rental market in New York is known for its competitiveness and high costs, and one of the significant expenses renters face is the broker fee. 


This fee, often a substantial sum, can add a financial burden to tenants who are already dealing with high rents and the upfront costs of moving. 


However, a new bill in New York aims to shift this responsibility from tenants to landlords, potentially transforming the rental landscape. 


In this blog post, we will explore what a broker fee is, how much it typically costs, who pays the broker fee when renting today, and the implications of the new NY bill.



What is a Broker Fee?

A broker fee, also known as a brokerage fee or commission, is a payment made to a real estate agent or broker for their services in helping secure a rental property. The broker fee is a one-time payment that compensates the broker for their efforts and expertise, which include:

  • Property Searches: Brokers scour the market to find rental properties that meet the tenant’s criteria.
  • Arranging Viewings: Brokers schedule and conduct property viewings, providing insights and answering questions.
  • Negotiating Lease Terms: Brokers assist in negotiating the best lease terms, ensuring a fair agreement for both parties.
  • Facilitating the Rental Application Process: Brokers help tenants complete and submit rental applications, streamlining the process.
  • Handling Paperwork: Brokers manage all necessary paperwork, ensuring compliance with legal and regulatory requirements.

Let's explore how much a broker fee typically costs and what that means for those looking to rent in New York.



How Much is a Broker Fee?

The amount of a broker fee can vary, but it is typically calculated as a percentage of the annual rent. According to the Boston Globe, the standard broker fee in New York is 15% of the annual rent. For the average apartment in Manhattan, where the median monthly rent recently hit $4,500, this would amount to a broker fee of $8,100. This substantial fee can be a significant financial burden for renters, especially in a market where rents are already high.


Example Calculation
  • Median Monthly Rent in Manhattan: $4,500
  • Annual Rent: $4,500 x 12 = $54,000
  • Broker Fee (15%): $54,000 x 0.15 = $8,100

So, who pays this fee? Read on to discover the answer.



Who Pays the Broker Fee When Renting Today?

Under the current law, landlords have the option to transfer the broker fee to tenants. This means that when a tenant rents an apartment, they may be required to pay the broker fee out of their own pocket. Today, roughly half of the city’s apartments require a tenant-paid broker fee. This fee can make moving into a new apartment particularly challenging for tenants, as it is an additional cost on top of the first month's rent, security deposit, and any other move-in expenses.


The debate over who should pay the broker fee has led to calls for legislative changes aimed at alleviating the financial burden on renters. In the following section, we will explore the new New York bill and its implications for both tenants and landlords.



Understanding the New NY Bill & Its Implications

The new bill proposed in New York seeks to change the current broker fee structure by shifting the responsibility of payment from tenants to landlords. Under the new legislation, only the party who hires the real estate agent will be required to pay their fee. Since landlords are typically the ones who hire brokers to list and market their properties, they will now be responsible for covering the broker fees.


Implications for Renters

For renters, this bill could bring significant financial relief. No longer having to pay the broker fee means that tenants can save a substantial amount of money when securing a new rental. This change can make renting more accessible, especially for those who might struggle to come up with the high upfront costs associated with moving.


Benefits for Renters
  • Financial Relief: Reduced initial costs when moving into a new apartment.
  • Increased Accessibility: More people may be able to afford to rent in New York without the burden of broker fees.
  • Equity: A fairer system where renters are not penalized with additional costs.

Implications for Landlords

While the new bill shifts the financial burden to landlords, it also brings potential benefits. By taking on the broker fee, landlords might attract a larger pool of potential renters who are looking to avoid the extra cost. This can lead to quicker tenant placement and reduced vacancy periods.


Considerations for Landlords
  • Cost Absorption: Landlords will need to budget for the broker fee as part of their expenses.
  • Increased Demand: More prospective tenants may be attracted to properties that do not require a tenant-paid broker fee.

Impact on the Rental Market

The overall rental market in New York could see a shift in dynamics as a result of this bill. With landlords absorbing broker fees, rental properties might become more competitive, and the market could see increased mobility as tenants are less financially constrained when moving.


Market Dynamics
  • Competitive Listings: Properties with landlord-paid broker fees may become more attractive.
  • Increased Mobility: Renters may be more willing to move, knowing they won't face hefty broker fees.
  • Market Adjustment: Landlords may need to adjust their rental pricing strategies to account for the new expense.


Related: Navigating the Big Apple: Renting vs. Buying a Home in NY



Final Thoughts

The proposed New York bill shifting the broker fee responsibility from tenants to landlords marks a significant change in the rental market. By alleviating the financial burden on renters, this legislation aims to make renting more accessible and equitable. For landlords, this change offers an opportunity to attract more tenants and reduce vacancy periods. As the market adjusts to this new structure, both parties can benefit from a more balanced and fair system.


At Charnat Homes, LLC, we are committed to providing exceptional real estate leasing services in Long Island, New York. From short-term rentals to mid-term rentals, and properties for sale, we offer a wide range of living opportunities.


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For any inquiries or to get in touch with us, please contact us at (855) 256-2552 or [email protected]. We look forward to assisting you with your rental needs and helping you navigate the evolving rental market.

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