A cohort of Big Apple real estate brokers are suing the city over a new law that shifts the burden of costly broker fees away from tenants and the case could prevent the legislation from taking effect this summer as planned.
The Real Estate Board of New York (REBNY) and other groups representing brokers and landlords filed suit Monday in an attempt to block the controversial bill, dubbed the Fairness in Apartment Rentals Act (FARE), which passed in the City Council with a veto-proof majority of 42-8 on Nov. 13.
“While the FARE Act may have the ‘right intention,’ it will wreak havoc on the New York City rental markets and unleash a host of unintended consequences, causing immediate and irreparable harm to the consumers it purports to protect, as well as harm brokers and landlords around the city,” the suit charges.
The law mandates that the person hiring the broker pay the fee, instead of the prospective tenant.
Supporters hope it will ease the city’s housing affordability crisis, while opponents argue it could actually lead to rent spikes.
While it is slated to take effect next July 180 days after City Council approval the Manhattan federal court lawsuit could halt the law until further notice, experts said.
Although the [real estate] industry has a high burden in court they [brokers] have a shot because the merits are on the side of the industry, New York City trial attorney and lobbyist David Schwartz told The Post, adding that a judge could potentially block the law from taking effect.
The law is another attempt by our local government to micro-manage the freedom of parties to enter into a contract and this law violates the contracts clause and the first amendment of the US Constitution, and also is pre-empted by state law, Schwartz added.
But attorney Altagracia Pierre-Outerbridge, whose practice focuses on landlord-tenant litigation, called the suit’s arguments long shots and an uphill fight against City Hall.
To block the law from taking effect, REBNYs attorneys must prove that it would cause irreparable harm to brokers, she said.
The First Amendment speech-restriction challenge has to overcome the fact that the law is not trying to suppress any viewpoint or idea, or force brokers to express an idea, said Pierre-Outerbridge, “and there are other city regulations of real estate brokers, like the part of the City Human Rights Law that outlaws certain discrimination in real estate.”
The last argument is that the government is not allowed to pass a law cancelling contracts,” Pierre-Outerbridge added, “but the government is allowed to pass laws that affect what contracts are allowed to say — especially going forward for contracts that havent been written yet.”
The city has roughly 20 days to respond to the lawsuit.
“The FARE Act is bad policy and bad law, REBNY lawyer and Senior Vice President Carl Hum charged.
This legislation will not only raise rents and make it harder for tenants to find housing, but it also infringes upon constitutional guarantees of free speech and contract rights — by barring brokers from posting rental listings online without first being hired by the landlord, Hum told The Post.
Mayor Eric Adams who did not veto or sign the bill by Fridays deadline, automatically making it law himself previously expressed skepticism surrounding the FARE Act, suggesting that property owners could merely pass the cost of hiring a broker to a tenant on the lease.
New York City is one of the only cities in which landlords can hire a broker and pass the hiring cost onto the tenant, part of a bevy of upfront costs that reached an all-time high average of $13,000 this year, per a recent analysis from rental website StreetEasy.
This bill is common sense, Brooklyn council member Chi Oss, who sponsored the bill, previously said of the legislation. It replicates how every other transaction exists in this country.
Sean “Diddy” Combs is facing a “fake trial” in which his unusual sexual preferences have been unfairly criminalised and his “private sex life” turned into a “crime scene”, his defence team has argued in the final day of closing arguments.
At the end of week seven in the sex-trafficking trial, Combs’s lead counsel, Marc Agnifilo, told the court Combs was the victim of an overzealous prosecution, who had portrayed his “swinger” lifestyle as a racketeering conspiracy.
Image: Combs listens as his lawyer Marc Agnifilo makes his closing arguments. Pic: Reuters
Combs is charged with one count of racketeering conspiracy, two charges of sex trafficking, and two charges of transportation to engage in prostitution.
He has pleaded not guilty to all charges and has strenuously denied all allegations of sexual abuse. If found guilty, he could face being put behind bars for life.
Frequently adopting a sarcastic tone, Agnifilo mocked the government’s case against Combs, belittling the agents who seized hundreds of bottles of Astroglide lubricant and baby oil at his properties last year.
Commenting that America’s streets were now “safe from Astroglide”, he went on, “Way to go, fellas”, before adding, “you do you”.
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He said prosecutors had “badly exaggerated” the evidence against Combs, presenting “threesomes as racketeering”, arguing that he is not guilty of racketeering conspiracy and sex trafficking.
The defence also highlighted the prosecution’s decision to indict Combs on a racketeering conspiracy charge alone, flagging that no alleged co-conspirators have been indicted alongside him.
The defence’s closing arguments lasted for just over four hours, with members of Combs’s family, including six of his children and his mother, watching on in the public gallery.
Image: A court sketch of Sean ‘Diddy’ Combs. Pic: Reuters
Agnifilo said Combs has “taken care of people”, including Jane, a former girlfriend who testified under a pseudonym, paying for her rent and for her legal representation.
The defence lawyer said: “I don’t know what Jane is doing today, but she’s doing it in a house he’s paying for.”
He went on: “This isn’t about crime. It’s about money. This is about money.”
Presenting the trial as a zero-sum game, he described his former girlfriend of almost 11 years Cassie Ventura as the “winner in this whole thing”, noting that she settled her civil case with Combs for $20m (£14m) in November 2023, as well as a $10m (£7.3m) from the InterContinental Hotel.
Cassie and Jane both gave evidence during the trial that they were coerced repeatedly by Combs to perform in drug-fuelled, days-long sex marathons with male sex workers, while Combs watched, directed, masturbated and sometimes filmed the encounters.
But the defence accused prosecutors of having invaded Combs’s bedroom and his most intimate personal affairs.
Agnifilo asked: “Where’s the crime scene? It’s [Combs’s] sex life.”
Continuing his line of sarcastic quips, he joked, “We need a bigger roll of crime scene tape”, referencing a line from the classic movie Jaws.
Agnifilio’s sarcasm irked the prosecution, who later complained to the judge that he was using “improper arguments”.
Image: Diddy and Cassie in 2016. Pic: zz/JMA/STAR MAX/IPx/AP
The defence characterised Combs’s relationship with Cassie as “a great modern love story”, going on to describe her as a “gangster” for cheating on him with rapper Kid Cudi.
They also characterised the “freak offs” as “beautiful”, saying the videos showed “everyone smiling”, eating and listening to music, and commenting that Combs was “not the only man in America making homemade porn”.
The defence admitted Combs was a domestic abuser, but said such behaviour did not justify the grave charges he faces.
Agnifilo advised the jury to “Call this as you see it,” asking them to “acquit Sean Combs of all the counts” and “return him to his family”, who he said has been waiting for him.
Combs, who has been in a New York jail since his arrest in September last year, did not give evidence during the trial.
Following the defence’s closing argument, assistant US attorney Maurene Comey delivered a rebuttal summation in which she said the defence’s argument that Cassie, Jane and Mia, a former employee who also testified under a pseudonym, all “wanted sex” was a lie, telling the court none of the women had reason to speak anything other than the truth.
She also said the “freak off” videos tell only “part of the story”.
Comey said Combs had spent the last 20 years believing himself to be “above the law”, seeing himself as “untouchable” and “a god among men”.
She said his impunity would end now in this courtroom, before urging the jury to “find him guilty” and “hold him accountable”.
On Monday, the judge will read the law to the jury, after which deliberations will begin.
To convict Combs, the 12 jurors must vote unanimously.
ESPN baseball reporter. Covered the L.A. Rams for ESPN from 2016 to 2018 and the L.A. Angels for MLB.com from 2012 to 2016.
Los Angeles Angels manager Ron Washington will remain on medical leave for the rest of the season, the team announced Friday.
Bench coach Ray Montgomery will manage the team for what remains of 2025. Ryan Goins will serve as his bench coach going forward.
Washington, the oldest manager in the major leagues at 73, was placed on leave last Friday because of an undisclosed medical issue. He experienced shortness of breath and appeared fatigued toward the end of a four-game series at the New York Yankees that ended on June 19. Washington flew back to Southern California, underwent a series of tests and was placed on medical leave.
A longtime third-base coach and well-regarded infield instructor, Washington served as the Texas Rangers‘ manager from 2007 to 2014.
He was in his second year managing the Angels.
The Angels were 40-40 entering Friday night’s game against the visiting Washington Nationals, winning three straight under Montgomery and seven of 10 overall. Los Angeles has played better than most expected from a team with major league-worst streaks of nine straight losing seasons and 10 straight non-playoff seasons.
The 55-year-old Montgomery is getting his first job as a major league manager. The native of New York’s Westchester County is a former Houston Astros outfielder who served as the scouting director for Arizona and Milwaukee before joining the Angels as their director of player personnel for the 2020 season.
Montgomery became Los Angeles’ bench coach in 2021 after general manager Perry Minasian took over the front office, and he stayed with the Angels while Joe Maddon, Phil Nevin and Washington managed the club.
Goins played eight seasons in the major leagues before Washington hired him as the Angels’ infield coach before the 2024 season.
Information from The Associated Press was used in this report.
Martinez (5-8) walked his third batter, Jackson Merrill, on a low full-count sinker, then retired 22 consecutive hitters before walking rookie Trenton Brooks starting the ninth. Diaz then drove an 0-1 changeup off the base of the wall in left-center on Martinez’s 112th and final pitch, which tied his career high.
A 34-year-old right-hander, Martinez struck out six as the Reds won for the fourth time in five games. He also threw 112 pitches for Texas against Boston on May 28, 2015.
Coming off a pair of relief appearances, Martinez made his first start since June 19. He entered with one complete game over 118 big league starts, an eight-inning effort in a loss at the Chicago Cubs last Sept. 27.
After Martinez allowed seven runs over 2⅔ innings against Minnesota, Reds manager Terry Francona suggested he make a relief appearance. Martinez threw two perfect innings at St. Louis two days later, and Martinez offered to making another bullpen outing to keep starter Brady Singer on turn. Martinez pitched a 1-2-3 innings against the Yankees on Monday.
Steer hit solo homers in the second and fourth innings off Dylan Cease (3-7), then a two-run drive against Yuki Matsui in a four-run fifth. Steer has nine home runs this season.