Continuing Focus on Affordability for Renters, New York City Council Votes on Legislation to Reform Broker Fees

Council also voted on bills authorizing Charter Revision Commission and establishing plant waste composting in city parks

City Hall - Today, the New York City Council voted to pass legislation that would reform broker fees to increase affordability for renters. New York City is in the midst of a housing and affordability crisis, with working- and middle-class residents struggling to keep up with high rents and other rising costs. Over half of New York City households are considered rent-burdened, meaning they spend more than 30% of their income on rent. Moving costs add to the growing expenses. Prospective renters already face a host of upfront costs, including the first month's rent, security deposit, credit report fees, background checks, and often a fee for a real estate broker hired by the property owner. Broker fees can range from one month's rent to as much as 15% of the annual rent. Between January and September of this year, the average New Yorker moving to a new apartment on average spent nearly $13,000 in upfront costs - the highest average recorded in New York City since at least 2010 when the data began to be tracked.

The Council also passed legislation to establish a Charter Revision Commission that prioritizes improving city government, transparency and accountability, restoring public confidence in local democracy. It also aims to restore standards for Charter Revision Commissions after the recent one by the mayor lowered them. In contrast to Mayor Adams' recent Charter Revision Commission that rushed completion of its process in less than two months, the proposed legislation would provide at least eight months for the commission's work before its earliest submission of proposals for a General Election in 2025 and up to 20 months for the 2026 General Election.

"To address the affordability crisis in our city, we must make the process of renting an apartment more transparent and affordable for working-class New Yorkers," said Speaker Adrienne Adams. "The Council is proud to pass this historic bill to protect our city's renters, ensuring that tenants aren't on the hook for fees for services they did not request. Many New Yorkers can't afford these major upfront payments, blocking them from the ability to secure a home. This bill would deliver economic fairness to renters, and greater transparency in the rental process.

"The Council is also proud to pass legislation authorizing a Charter Revision Commission that can help restore public confidence in city government and strengthen our local democracy. Our goal is also to re-establish model standards for Charter Revision Commissions to prioritize improving the City Charter for the long-term governance of our city."

FARE Act

Introduction 360-A, also known as the FARE Act, sponsored by Council Member Chi Ossé, seeks to alleviate financial burdens on renters by ensuring that tenants are not forced to pay the fee for the services of a real estate broker they did not hire. The bill would prohibit brokers from passing their fee onto tenants when the broker is exclusively representing the landlord's interests. This would include brokers who publish listings with the landlord's permission. Landlords or their agents would be required to disclose the fees that the tenant must pay in their listings and rental agreements. The Department of Consumer and Worker Protection would enforce this bill and would conduct education and outreach. Any person who violates this bill would be subject to a civil penalty or civil action.

"The system of forced broker fees is an affront to all New Yorkers," said Council Member Chi Ossé. "Today, we end that system. The victims of the old paradigm are too many to count. Families unable to have another child, because they cannot afford to move into a larger home. Children aging out of their parents homes unable to find a place in their own communities. Victims unable to flee domestic violence. Workers unable to live near their jobs, or in their city at all. Anyone who is hoping to bring their talents and passion to our great city but can't afford to get through the front door. Today the New York City Council proved it can put the interests of the people first and be an example of good governance. This is a win for our city and for healthy democracy."

Initiating a Charter Revision Commission to Improve City Government

Introduction 1088-A, sponsored by Speaker Adrienne Adams, would establish a Charter Revision Commission that prioritizes improving city government, transparency and accountability, restoring public confidence in local democracy. The Commission would consist of 17 members appointed by the Speaker, Mayor, Public Advocate, Comptroller, and all five Borough Presidents. Registered lobbyists would be ineligible to serve on the Commission and anyone with business before the City would require approval of the Conflicts of Interest Board in order to serve on the Commission. The Commission would be required to conduct an extensive outreach campaign to solicit ideas from civic and community leaders, and encourage the public to participate in the hearing process. It would be empowered to submit its proposals to revise the City Charter for the 2025 or 2026 General Election.

Expanding Organic Waste Diversion Through Composting

Introduction 130-A, sponsored by Council Member Gale Brewer, would expand on the Council's organic waste diversion efforts, specifically in parks, by requiring the Department of Parks and Recreation (DPR) to establish composting facilities for plant waste processing within at least two parks in each borough by July 1, 2026, at least three parks in each borough by July 1, 2027, and at least five parks in each borough by July 1, 2028. DPR would also be required to issue an annual report that details the composting process occurring at the required parks.

"Composting plants, leaves, and yard waste is required at residential buildings but not at City parks. This legislation goes beyond bagging and setting out on recycling day-it establishes composting facilities within the parks to manage plant waste on the spot." said Council Member Gale A. Brewer. "Adding composting facilities in parks will improve soil health, create green jobs, and form a long-term waste management plan that will reduce costs and carbon gas emissions."

Improving and Regulating Placement of Newsracks

Introduction 663-A, sponsored by Council Member Erik Bottcher, would empower the Department of Transportation (DOT) to establish standards regarding the size, shape, and materials used to construct newsracks, and to restrict newsracks from being placed too closely to certain infrastructure located on sidewalks. This bill would further require DOT to provide notice to owners of any changed obligations imposed by this bill or DOT rules governing newsracks. The notice would be required to be provided in English and the language of the publication distributed at the newsrack, if it is a language other than English. This bill aims to protect against safety hazards caused by newsracks and provide ample notice to newsrack owners about updated DOT regulations.

"In true New York fashion, people have sort of a love/hate relationship with sidewalk newsracks," said Council Member Erik Bottcher. "We love convenient access to favorite local publications, but we don't love it when the newsracks are broken, abandoned, filthy or tipped over. Our legislation will establish clear guidelines and help ensure that our local publications get to maintain their newsracks while also helping to alleviate sidewalk congestion. Thank you to Speaker Adrienne Adams and Chair of the Transportation Committee, Council Member Selvena Brooks-Powers for their support moving our legislation forward."

Designating the Second Friday in March Annually as Social and Emotional Learning Day

Resolution 13, sponsored by Council Member Rita Joseph, would designate the second Friday in March annually as Social and Emotional Learning Day in the City of New York. This designation would recognize the importance of ensuring that prekindergarten through 12th grade public school students acquire the social-emotional skills needed to succeed in the classroom and beyond.

"As a former educator and an advocate for our children, I have seen firsthand the profound impact that social and emotional learning has on a student's ability to thrive," said Council Member Rita Joseph. "Academic success is only one part of the equation, we must also nurture the whole child, ensuring they have the tools to manage emotions, build positive relationships, and make thoughtful decisions. Designating the second Friday in March as Social and Emotional Learning Day in New York City emphasizes our commitment to supporting the emotional and mental well-being of our students from prekindergarten through twelfth grade. By prioritizing social and emotional learning, we're not only empowering students to succeed in school, but we're also laying the foundation for them to become resilient, compassionate, and self-aware individuals. This resolution is a step toward ensuring that every young person in our city feels supported, understood, and equipped to navigate life's challenges. I'm proud to stand with my colleagues and the community in supporting this effort to create healthier, more connected, and more successful futures for our students."

Calling on DOE to Develop a Curriculum that Focuses on Religious Diversity

Resolution 95, sponsored by Council Member Shahana Hanif, would call upon the New York City Department of Education to consult with faith-based organizations to develop and provide all grade levels with a curriculum that focuses on religious diversity. The resolution also calls for providing professional development focused on religious diversity for teachers, staff, and administrators, ensuring accurate classification of hate crimes in annual school reports and immediate notification and full disclosure to parents of hate crime statistics, and ensuring that schools take actions to condemn bullying and harassment based on religious clothing, food requirements, and the need for prayer space and time year-round.

"As lead sponsor of Resolution 95 and Co-Chair of the Council's Task Force to Combat Hate, I am proud to see the Council advance this important Resolution, which urges the Department of Education to collaborate with faith-based organizations to create a comprehensive curriculum on religious diversity for all grade levels," said Council Member Shahana Hanif. "Educating students about New York City's vibrant mosaic of religions is key to fostering understanding, respect, and mutual appreciation among our youth. Backed by a broad interfaith coalition, this resolution embodies the diverse religious tapestry of our city and emphasizes that religious discrimination can be challenged and unlearned. With a troubling rise of antisemitic, Islamophobic, and other hate crimes, it is more crucial than ever to cultivate inclusivity and prevent hate through education."

Designating March 29 Annually as Vietnam Veterans Day

Resolution 441, sponsored by Council Member Kristy Marmorato, would designate March 29 annually as Vietnam Veterans Day in the City of New York in honor of the bravery and sacrifice of the Americans who served and in recognition of the past and present dedication of their families and caregivers.

"As the sponsor of this resolution, I am grateful to the Speaker and my colleagues for supporting the creation of a dedicated day in New York City to honor our Vietnam veterans," said Council Member Kristy Marmorato. "Designating March 29 as Vietnam Veterans Day is about giving these veterans the long-overdue recognition they deserve and honoring the sacrifices they made for our country. District 13 has a profound respect for our veterans and I know will continue to stand alongside our heroes when they come back to NYC. I am proud to help lead this meaningful step forward for our city and to stand with the veterans, families, and caregivers who have given so much to our community."

Land Use

La Catrina - an application for a revocable consent to establish, maintain, and operate a sidewalk cafe in Council Member Robert Holden's district.

Finance

Resolution 627, sponsored by Council Member Justin Brannan, will set the date, place, and time for a public hearing on legislation to increase the annual expenditure for 9 business improvement districts.

Resolution 630, sponsored by Council Member Keith Powers, will set the date, place, and time for a public hearing on legislation to increase the annual expenditure for the Madison Avenue Business Improvement District and amend the district plan's method of assessment.

A preconsidered resolution, sponsored by Council Member Justin Brannan, authorizing a 40-year Article 11 tax exemption for the preservation of 7 affordable senior housing buildings in Council Members Carlina Rivera, Julie Menin, and Keith Powers' districts.

A preconsidered resolution, sponsored by Council Member Justin Brannan, authorizing a 40-year Article 11 tax exemption for the preservation of 1 HDFC co-op building in Council Member Shaun Abreu's district.

And a transparency resolution approving new designations and changes of certain organizations receiving funding in the Expense Budget.

Appointments

The Council will vote on the Mayor's appointments of Michael Espiritu and Vanessa Rodriguez as Directors of the New York City Health and Hospitals Corporation.

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