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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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UK content creators demand formal recognition from the government

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UK content creators demand formal recognition from the government

The UK’s YouTubers, TikTok creators and Instagram influencers have been surveyed en masse for the first time ever, and are demanding formal recognition from the government.

The creator economy in the UK is thought to employ around 45,000 people and contribute over £2bn to the country in one year alone, according to the new research by YouTube and Public First.

But, despite all that value, its workers say they feel underappreciated by the authorities.

Max Klyemenko, famous for his Career Ladder videos, wants the government to take creators like himself more seriously. Pic: Youtube
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Max Klyemenko, famous for his Career Ladder videos, wants the government to take creators like himself more seriously. Pic: Youtube

“If you look at the viewership, our channel is not too different from a big media company,” said Max Klymenko, a content creator with more than 10 million subscribers and half a billion monthly views on average.

“If you look at the relevancy, especially among young audiences, I will say that we are more relevant. That said, we don’t really get the same treatment,” he told Sky News.

Fifty-six per cent of the more than 10,000 creators surveyed said they do not think UK creators have a “voice in shaping government policies” that affect them.

Only 7% think they get enough support to access finance, while just 17% think there is enough training and skills development here in the UK.

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Nearly half think their value is not recognised by the broader creative industry.

The creative industries minister, Sir Chris Bryant, said the government “firmly recognises the integral role that creators play” in the UK’s creative industries and the fact that they help “to drive billions into the economy” and support more than 45,000 jobs.

“We understand more can be done to help creators reach their full potential, which is why we are backing them through our new Creative Industries Sector Plan,” he said.

Ben Woods said the government needs to "broaden its lens" to include creators
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Ben Woods said the government needs to “broaden its lens” to include creators

“The UK has got a fantastic history of supporting the creative industries,” said Ben Woods, a creator economy analyst, Midia Research who was not involved in the report.

“Whether you look at the film side, lots of blockbuster films are being shot here, or television, which is making waves on the global stage.

“But perhaps the government needs to broaden that lens a little bit to look at just what’s going on within the creator economy as well, because it is highly valuable, it’s where younger audiences are spending a lot of their time and [the UK is] really good at it.”

Read more from Sky News:
Trump says ‘very wealthy group’ has agreed to buy TikTok in US
Major porn sites to introduce ‘robust’ age verification in UK

According to YouTube, formal recognition would mean creators are factored into official economic impact data reporting, are represented on government creative bodies, and receive creator-specific guidance from HMRC on taxes and finances.

For some, financial guidance and clarity would be invaluable; the ‘creator’ job title seems to cause problems when applying for mortgages or bank loans.

Podcaster David Brown owns a recording studio for creators
Image:
Podcaster David Brown owns a recording studio for creators

“It’s really difficult as a freelancer to get things like mortgages and bank accounts and credit and those types of things,” said podcaster David Brown, who owns a recording studio for creators.

“A lot of people make very good money doing it,” he told Sky News.

“They’re very well supported. They have a lot of cash flow, and they are successful at doing that job. It’s just the way society and banking and everything is set up. It makes it really difficult.”

The creative industries minister said he is committed to appointing a creative freelance champion and increasing support from the British Business Bank in order to “help creators thrive and drive even more growth in the sector”.

The government has already pledged to boost the UK’s creative industries, launching a plan to make the UK the number one destination for creative investment and promising an extra £14bn to the sector by 2035.

These influencers want to make sure they are recognised as part of that.

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Astros’ Alvarez to see hand specialist after setback

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Astros' Alvarez to see hand specialist after setback

DENVER — Houston Astros slugger Yordan Alvarez has experienced a setback in his recovery from a broken right hand and will see a specialist.

Astros general manager Dana Brown said Alvarez felt pain when he arrived Tuesday at the team’s spring training complex in West Palm Beach, Florida, where he had a workout a day earlier. Alvarez also took batting practice Saturday at Daikin Park.

He will be shut down until he’s evaluated by the specialist.

“It’s a tough time going through this with Yordan, but I know that he’s still feeling pain and the soreness in his hand,” Brown said before Tuesday night’s series opener at Colorado, which the Astros won 6-5. “We’re not going to try to push it or force him through anything. We’re just going to allow him to heal and get a little bit more answers as to what steps we take next.”

Alvarez has been sidelined for nearly two months. The injury was initially diagnosed as a muscle strain, but when Alvarez felt pain again while hitting in late May, imaging revealed a small fracture.

The 28-year-old outfielder, who has hit 31 homers or more in each of the past four seasons, had been eyeing a return as soon as this weekend at the Los Angeles Dodgers. Now it’s uncertain when he’ll play.

“We felt like he was close because he had felt so good of late,” Brown said, “but this is certainly news that we didn’t want.”

Also Tuesday, the Astros officially placed shortstop Jeremy Peña on the 10-day injured list with a fractured rib and recalled infielder Shay Whitcomb from Triple-A Sugar Land.

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Sports

Springer’s 7 RBIs help Jays pile on Yankees late

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Springer's 7 RBIs help Jays pile on Yankees late

George Springer had a career-high seven RBIs, including his ninth grand slam, and the Toronto Blue Jays celebrated Canada Day by beating the Yankees 12-5 on Tuesday and closing within one game of American League East-leading New York.

The seven RBIs are tied for the second most by any Blue Jays player in a home game, behind Edwin Encarnación (nine RBIs in 2015), according to ESPN Research.

Andrés Giménez had a go-ahead, three-run homer for the Blue Jays, who overcame a 2-0 deficit against Max Fried. After the Yankees tied the score 4-4 in the seventh, Toronto broke open the game in the bottom half against a reeling Yankees bullpen.

Springer went 3-for-4, starting the comeback with a solo homer in the fourth against Fried and boosting the lead to 9-5 with the slam off Luke Weaver after Ernie Clement‘s go-ahead single off shortstop Anthony Volpe‘s glove. Springer has 13 homers this season.

Toronto won the first two games of the four-game series and closed within one game of the Yankees for the first time since before play on April 20.

New York went 2-for-17 with runners in scoring position, dropping to 3-for-24 in the series, while the Blue Jays were 5-for-7. After going 13-14 in June, the Yankees fell to 10-14 against AL East rivals.

The Associate Press contributed to this report.

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