Renters' Guide to NYC Broker Fees and No Fee Apartments

October 22, 2024 | 12 minute read | the RENT BETTA team

NYC renters hate broker fees. 

They add thousands of dollars to the cost of renting an apartment, reducing housing affordability. They are also unfair and unnecessary, and many renters wonder why they even exist.

So what are NYC broker fees, how much do they cost, and can you negotiate them down...or avoid them altogether?

Do You Need a Broker to Rent a NYC Apartment?

No. It's possible to find an apartment yourself and avoid paying a broker fee.

However, most of the apartment listings you see online are posted by brokers eager to get your money. Check out the top sites in NYC like Streeteasy, RentHop, and CityRealty, and you'll see that most of the listings are actually from brokers, not building owners.

Look for an apartment available directly from a landlord or property manager, where you can rent directly from the leasing office, to avoid a broker fee.

RENTBETTA.com makes this easy by connecting you to no fee apartments from all the leasing offices in NYC. For any apartment, click Book a Tour or Apply Now, and you'll schedule a tour and submit your application directly to the building owner. You'll never have to work with or pay a broker.

You can also find no fee apartments on Craigslist from smaller landlords, though you will have to filter through a lot of fake listings. In your first message, ask if the apartment in the listing is still available, and if you'll be renting directly through the landlord, or through a broker. Ignore anything where they won't give you a straight answer, try to show you other places, or ask you for payment before seeing the place.

What is a Broker Fee in NYC?

A broker fee in NYC is charged by a real estate agent for you to rent an apartment they introduced you to.

You must pay the fee to the broker either when you submit your application or before you sign the lease. Once you pay it, that money is gone forever. You don’t get it back when you move out. And if you hate the place and have to move out in two months because the landlord is in the middle of a war with some of the rent-stabilized tenants in the building (we've been there), you won't get it back, either.

And yes, this system seems as corrupt, overpriced and inefficient to you as it does to us.

How Are Broker Fees Calculated in NYC?

The apartment listing typically describes the broker fee due, which is typically calculated as months of rent or a percent of the annual rent.

You will commonly see language like “there is a 1-2 month broker fee” or “a broker fee of 8-15% of the annual rent will apply”.  

Both are asking for a similar amount of money, just calculated differently.

Since there are 12 months in a year, a 1 month broker fee equates to about 8% of the annual rent (1/12), and the higher 2 month broker fee is about 15% of the annual rent.

Just remember a 1 month or 8% broker fee is typically the lowest a broker will ask for, and during peak demand during the summer it may go up to 2 months or 15% of the annual rent.

What Is a Normal Broker Fee in NYC?

Typically, broker fees are 1-2 months or 8-15% of the annual rent.

If you are looking at an apartment with a rent of $3,000 per month, the broker fee will likely be listed as:

1. 1-2 months of rent $3,000 to $6,000 (1x or 2x the monthly rent of $3,000)

2. 8-15% of the annual rent $2,880 to $5,400 ($3,000 x12 = $36,000, then take 8% or 15% of that amount)

Either way the broker chooses to present their fee, the amount is roughly similar, and that’s not an accident.

Basically, brokers like to size up the renters who reach out to them to see how much they can get out of them.

They will initially ask for 2 months of rent (or 15%), and if you seem desperate, in a hurry, or new to New York City they won't budge much from that demand.

If you appear like you know what you're doing, currently live in NYC, or are generally non-committal and let them know you are looking at a few other places, you'll likely be able to get them down to just 1 month of rent as a fee.

Sometimes, we’ve seen brokers accept a fee of less than 1 month of rent (one of our team members got it down to a fee of 1/2 month of rent for an UES walk-up), but 1 month or a little below is about as they typically accept.

After all, they've paid Streeteasy $300 or more for each of their fake listings, and spent hours hustling people into an overpriced apartment. Wasted effort, but they feel they deserve to get paid for it.

If you want to completely avoid the broker fee, avoid working with a broker and rent directly.

Do I Have to Pay a Broker Fee in NYC?

No!

If you find an apartment offered directly by the landlord or property manager, and submit your application through their leasing office, you will avoid a broker fee.

After all, you're not working with a broker...so you don't have to pay one.

This is exactly what you get on RENTBETTA.com, where we've collected all the no fee landlords and property managers in NYC and connect you directly with them to book a tour and apply.

For every apartment listing on the site, click Book a Tour and you'll send a message or email directly to the leasing office for the property, not a broker middleman.

Click "Apply Now" to download their application or connect with their online application portal.

You'll never interact with a broker, only the leasing office, so you'll never have to pay a broker fee.

How to Negotiate Broker Fees in NYC

So you found the perfect apartment, were super excited during the tour and asked the broker for an application.

The only problem is...they just emailed you an invoice asking for a 2 month broker fee along with the application.

That's thousands of dollars...just for them to open the door and click "forward" on your emailed application!?!

There are a few steps to negotiate a lower broker fee in NYC:

1. Setup a new yahoo email with a fake name and use a burner phone number

This way if a broker makes you sign an exclusivity form before the tour, they don't have your real name.

Sure, it's sketchy, but so are most real estate brokers.

Sometimes, they may ask for your ID when you sign the exclusivity form, so this situation could turn awkward, fast.

In any event, you may want to refuse to sign any exclusivity contract (it says you must pay that broker a fee if you rent the apartment they show, along with who knows what else) and just look elsewhere.

Or you could just sign the form, go on the tour, but never be intent on renting that apartment. Ask your questions, gain a sense of what you can get on the market, and then just move on to other listings.

2. Don't act too excited during your tour

This is key. If you act overly-excited when you see the apartment, the broker isn't going to be very willing to negotiate when it comes to the fee. Be pleasant (do you ever get more out of life from being unpleasant?), maybe slightly aloof, and non-committal. That's it.

You may say things like "I like it, I just have two more places to see tomorrow" if they try to ask how far you are along in the process, or "it's not bad, but I'm worried about..." (if you can fit a queen bed into the bedroom, stairs in the walk-up, etc).

Sound friendly but debating.

3. Negotiate the broker fee from 2 months to 1 month of rent

Brokers typically demand 2 months of rent and will negotiate down to a 1 month fee if you are the only interested renter. Sometimes, especially during the Winter when it is slower, they may accept less than 1 month of rent as their fee.

If the broker sent you an invoice asking for 2 months of rent, find a round number that is less than one month of rent, and email them back (after waiting a day), "Not sure if this is the right place for me...can you do $xxx?"

For example, if you are looking at an apartment with rent of $2,500, and they sent you an application with an invoice for $5,000 (2 months of rent), you could email them a terse one-line email the next day "Can you do $2,000 as the fee?"

In which case, they will likely counter-offer with 1 month of rent ($2,500, in this example). Be prepared to accept their counteroffer, or reject it and move on.

4. Be prepared to move on

Everyone in NYC has (too many?) options. If you found the perfect place and the broker isn't budging on the fee (they're usually high on the charm, but firm on the fee), it can be easier to just let it go and move on.

Find a no fee apartment on RENTBETTA.com or Craigslist, and rent directly from the property manager or landlord without paying a broker fee.

Are Broker Fees Illegal in NYC?

Broker fees are perfectly legal in NYC, in fact, they are commonplace in the rental market. Most apartment listings have broker fees.

In 2019, New York State passed the “Housing Stability and Tenant Protection Act” which included many tenant-friendly protections. 

Conversely, because housing laws are very tenant friendly in NYC and it is hard to evict tenants who stop paying rent, it is also hard to rent an apartment here without an excellent credit score.  Landlords don’t want to take the risk.

The 2019 law included vague language that seemingly made broker fees illegal, requiring landlords to pay the fee if the broker worked on their behalf, which is almost always the case.

The brokerage industry screamed, sued, and won - broker fees are very much still legal in NYC, despite the intentions of the 2019 law.

There's a new bill floating around the New York State Senate to make broker fees the landlord's responsibility, but it hasn't been passed and doesn't look to have enough support. While the debate rolls on, we're not expecting the current paradigm to change anytime soon, so keep expecting to foot the bill if you work with a broker.

What is the Law on Broker Fees in 2024?

Broker fees are legal in NYC, and you should expect to be charged one if you are working with a broker to rent an apartment.

Why do broker fees even exist? 

Good question!

We believe it's because the vacancy rate in NYC is low (compared to most major cities), so brokers (and landlords) have inordinate bargaining power against renters.

You may be able to see a lot of different apartments, but as the days tick down to the last day on your lease, options run out. Since the NYPD frowns upon camping under a bridge, as you approach the 31st of the month, you are forced to accept what brokers demand as their fee. And they know that.

The good news is you can now easily rent directly from property managers across NYC.

Are NYC Broker Fees Negotiable?

Yes!

Broker fees in NYC are negotiable.

A broker will likely try to charge you the maximum amount they believe they can get out of you, and it's up to you to negotiate them down from there.

If you bargain them down from 2 months of rent to a 1 month fee, you may feel like you “won”, though actually, you are still paying them a large amount of money for a simple service.

So if negotiations aren't going well, don't waste your time.

Checkout other ways to find a no broker fee apartment.

NYC housing blog Brick Underground also put together a list of the best websites to find no fee apartments.

Don’t try to talk tough, as always in life, sounding aggressive really shows weakness and aggravates a situation.  

Whether by email or in person during the tour:

Be pleasant.  Be terse.  Wait a little while to respond.

Your best bet?  Avoid the broker fee altogether by avoiding the broker. 

Find an apartment you can rent directly from the building owner or its property manager.

Who Pays the Broker Fee When Renting In NYC?

Broker fees are generally paid by the renter and are due when you submit the rental application or sign the lease.

They’re almost always 1-2 months of rent.

But during slow periods in the rental market, such as during winter or following the onset of the COVID-19 pandemic when everyone moved out of NYC, brokers will show “no fee” apartments.

Did the industry suddenly become charitable?  

No, brokers still charge a 1 month fee for their (promotional) services, they just hide it better when the rental market is weak.

In some cases, the landlord will pay the 1 month broker fee instead of the renter.  This is known as an “OP”, as in “Owner Pays” the broker fee. 

This can be directly advertised in an apartment listing, with text in the description saying something like "1 month OP."

But because they’ve got to write a check to the broker when you sign a lease, the landlord may be less willing to negotiate with you on the rent, so while you're not paying it directly, you still lose some leverage.

Other times, landlords offer 1-2 months of free rent as an incentive for new renters into their buildings, and the broker will just take one of those free months of rent as their fee. 

For example, a property manager may list an apartment with one month of free rent, a broker will take that same listing and put it up on Streeteasy and advertise it as “no fee.”  They get paid a one month fee from the landlord.  You don’t get a month of free rent.

So is it really "no fee"?

No, and you're better off renting directly from the property manager, as you can do on RENTBETTA.com or (sometimes) on Craigslist. That way, you keep the free month of rent.

In a normal rental market, broker fees are typically more explicit, and paid directly by the renter as 1-2 months of rent.

How Can I Avoid Paying a Broker Fee in NYC?

If you want to avoid paying a broker fee when you rent an apartment in NYC, it's best to avoid a broker.

There are “no fee” options on sites like Streeteasy or Renthop, but if it's posted by a broker, it's likely either a fake listing or has a hidden fee.

After all, brokers don’t work for free, so if you're working with one, expect to be paying a fee, directly or indirectly.

So to cut out the fee entirely, cut out the broker middleman and rent directly from the landlord or property manager by going to their leasing office. 

You can do this by searching through property records to find out who actually owns the building and do a Google search if they have an office, or pound the pavement in neighborhoods you like and knock on doors to ask if they have any availabilities.

You can also go to RENTBETTA.com.  We combine all the no fee apartments available from property managers across NYC.  You can click book a tour or apply for any apartment on the site, and will be connected directly with the leasing office, not a broker.  

You’ll never have to pay a broker fee, and you’ll avoid the thousands of fake broker listings that spam most apartment search websites in NYC.

If you feel like you're wasting hours on Streeteasy, RentHop, and PropertyClub asking to see apartments which turn out to not exist, you're not alone.

Craigslist also has no fee apartments, typically from smaller building owners than on RENTBETTA.com.  Just be sure to skip past anything that looks like its posted by a broker, or feels like a scam. 

It will take a bit more work (and caution), but you can still find direct deals from walk-up buildings on Craigslist.

Conclusion

Broker fees are entirely legal in New York City, and expect to pay one if you’re looking for apartments with a broker.  They’ll likely charge you 1-2 months of rent to apply for the apartment.  Ouch! Your best bet to avoiding the fee is to rent directly from a property manager, bypassing any broker and the fees they charge.  Checkout RENTBETTA.com for no fee apartments available directly from leasing offices throughout NYC, and if you’re up for the challenge of sorting through scams, Craigslist for smaller, typically walk-up landlords.