Update on DOS Guidance Prohibiting Certain Real Estate Commissions

As a result of a lawsuit initiated by NYSAR, REBNY and others, a temporary restraining order was granted on February 10, 2020. This order removes the prohibition against landlord’s agents collecting commissions from tenants (Question #5 on the Department of State guidance memo).

What You Should Know:

• Landlord’s agents across New York State can continue to collect a commission from a tenant in the same way they did prior to last week’s DOS memo without fear of discipline by the DOS. Such practice may continue until further notice.
• NYSAR has a return date of March 13 to continue litigation of the Department of State’s interpretation of the Housing Stability and Tenant Protection Act of 2019.

Please check our and NYSAR's website, www.nysar.com for updates on how you can be helpful in this process. We thank you for your patience and support during this time.

If you have any other questions, please contact the NYSAR Legal Hotline. The Legal Hotline is available Monday-Friday from 9:00am-4:00pm at 518-436-9727

.