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If it aint broker, dont fix it.

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.

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Astros’ Trammell won’t face discipline for bat

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Astros' Trammell won't face discipline for bat

ARLINGTON, Texas — Houston Astros outfielder Taylor Trammell is facing no discipline from Major League Baseball after umpires confiscated his two-color bat when New York Yankees manager Aaron Boone asked for it to be checked following a double.

Trammell said Friday, a day after the incident in the ninth inning of the Astros’ 8-4 loss to New York, that he had spoken with MLB officials. Trammell said he understood and appreciated their explanation of what happened because of some discoloration on the dark-colored barrel of the bat.

“We see it a lot with some guys who may have a wristband on or something like that, and just got to take it off. So, it’s nothing crazy, didn’t impact the ball or anything like that,” Trammell said before the American League West-leading Astros opened a series in Texas. “It was more so of an aesthetic of the eye, so that was basically the only thing.”

MLB regulations require a two-color bat to be divided into two sections, each of one solid color. That discoloration, while not likely to impact the performance, made it a nonconforming bat.

During the lengthy delay in the ninth inning Thursday night in Houston, both managers talked to plate umpire Adrian Johnson. The umpire then spoke with the replay office in New York before handing the bat to an official who was sitting near home plate.

Boone said Friday that he had asked umpires to check the bat only after it was brought to his attention that something didn’t look right about it.

“Frankly, that was something hard for me to do because I don’t think Taylor was up to anything. I really don’t,” Boone said. “In the moment, I felt like a duty to at least check in for my team. But, you know, I’m frankly satisfied with the ruling, the explanation.”

Trammell, who appeared in five games for the Yankees last season before going to Houston in November, said he wasn’t sure if he would get the bat back from MLB. But he would like to have it.

“I probably would just want it, to have it just because I can have a story to tell my grandkids about it. It’s kind of a cool, funny little story,” he said. “I don’t know if they’ll give it back. They put a sticker on it so it’s authenticated at least. … So, somebody is going to have it.”

Asked about his bats for the series against the playoff-chasing Rangers, Trammell held up the bat he had just used in batting practice.

“I’m making sure like there’s no chipping, there’s a little mark here,” he said, noting a small spot. “We’ve moved on. Like I said, respect for both organizations, and glad how everything kind of turned out.”

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Ohtani shines as surprise fill-in, but Dodgers fall

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Ohtani shines as surprise fill-in, but Dodgers fall

BALTIMORE — Shohei Ohtani tossed 3⅔ shutout innings Friday night in a surprise start for the Los Angeles Dodgers against Baltimore after teammate Tyler Glasnow was scratched due to back stiffness.

Ohtani threw 70 pitches, 44 for strikes, and reached 101.5 mph with his four-seam fastball against Orioles third baseman Emmanuel Rivera. The 31-year-old right-hander allowed three hits and a walk while striking out five, but the slumping Dodgers lost 2-1 in the opener of a three-game series.

Los Angeles dropped its fourth straight but remained two games up in the NL West over skidding San Diego.

Left-hander Anthony Banda replaced Ohtani in the fourth with Ryan Mountcastle at third base. Banda walked Dylan Beavers but then retired Samuel Basallo on a grounder to end the inning.

Dodgers teammate Freddie Freeman appreciated Ohtani’s effort on short notice.

“You could see he’s exhausted after an inning or two,” Freeman said. “It’s muggy. He’s still not healthy. He’s still sick. He gave it his all. It’s amazing what he’s doing. He’s throwing 100, 101 mph. We will be saying this every year about Shohei Ohtani until he retires. He’s a unicorn. He pitched great. Everything he had in that fourth inning to get out of it.”

Ohtani was scratched from his previous turn Wednesday due to a cough, and manager Dave Roberts projected the five-time All-Star would pitch fewer than five innings Friday.

“I was able to get my high-intensity catch play in yesterday so I felt pretty good chiming in today,” Ohtani said through an interpreter. “I was contacted around 2 o’clock and was told if I could potentially start today.

“I actually felt really good coming into the game today. Probably the worst I felt was game one and game two in Pittsburgh. I started to feel a lot better my last day in Pittsburgh.”

The two-way superstar threw five innings of two-hit ball his last time out on Aug. 27, allowing one run with nine strikeouts for his first win of the season in a 5-1 decision over the Cincinnati Reds.

Roberts saw Ohtani’s pitch count rising in the fourth and decided to go get him.

“I just felt that the pitch count was high,” Roberts said. “Initially, I was thinking four [innings] and 60 [pitches] for him. He was north of that. Even leading up to the fourth inning there was a lot of stress and a lot of high-velocity pitches. For me, I’m not going to risk him just to get another hitter where we have a guy that’s fresh that I felt needs to be able to get those lefties out. If it was a normal situation where it wasn’t short notice, then I would’ve let him get that hitter. We will have time to push him [later this season].”

Glasnow felt discomfort late Thursday night when the team plane landed. The back issue cropped up when he arrived at the ballpark and the right-hander is day-to-day, Roberts said.

“I think it’s just more of trusting the player and also knowing that he wants to be out there and feeling like we got ahead of it early,” Roberts said. “It’s not something that we got to a point where he’s hurt. It’s back stiffness. We feel like to not take this start will allow him to be able to start hopefully early next week.”

Ohtani batted leadoff Friday as the designated hitter again, and Roberts said the three-time MVP wanted to be a critical piece to ending the club’s slide.

“Shohei, to his credit, wants to pick us up,” Roberts said. “I really admire him for that.”

All-Star catcher Will Smith still has some swelling in his right hand and did not play. Roberts believes Smith will have to play through the bone bruise for the rest of the season.

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Angels prospect in critical condition after car crash

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Angels prospect in critical condition after car crash

RICHLAND, Wash. — Los Angeles Angels minor leaguer Rio Foster was in critical condition after a car accident early Friday morning.

The Angels said Foster was involved in a car accident and that the outfielder is “receiving medical care at a local hospital and remains in critical condition.”

Foster plays for the High-A Tri-City Dust Devils in Pasco. Tri-City canceled its game against Hillsboro on Friday night.

“The thoughts and prayers of the entire Dust Devils organization are with Rio Foster who was a passenger in a car accident early this morning and sustained serious injuries,” the Dust Devils posted on social media.

Foster, 22, was a 16th-round pick in the 2023 draft out of Florence-Darlington Technical College in South Carolina. He’s batting .267 with 10 homers and 40 RBIs this season and was the Northwest League player of the month for August.

“We’re praying for the best — that’s all we can do,” Angels interim manager Ray Montgomery said before Friday night’s game against the Athletics. “Unfortunately, I’m working on limited [information] … what I do know is it’s obviously way more important than anything we’re doing here today.

“I’m just thinking about him and his family. He’s a great kid. We had him in spring training. He was a little bit of a later round draft pick, and he’s done some good things. We saw him in spring training, and he was named [Northwest League] player of the month recently, so his career is in a good spot.”

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