Connect with us

Published

on

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.

Continue Reading

World

‘Don’t bite me’: Man heard screaming moments before fatal shark attack in Sydney

Published

on

By

'Don't bite me': Man heard screaming moments before fatal shark attack in Sydney

A man was heard screaming in the water moments before he died after a shark attack in Sydney, witnesses have said.

Emergency services responded to reports that a man in his 50s had suffered critical injuries at Long Reef Beach shortly after 10am (1am in the UK) on Saturday.

The man, whose identity has yet to be confirmed, was brought to shore but died at the scene, authorities have said.

Two sections of a surfboard have been recovered and taken for examination, and beaches near the area are closed as drones search for the animal.

Police are liaising with wildlife experts to determine the species of shark involved.

Pic: Sky News Australia
Image:
Pic: Sky News Australia

Surfer screamed ‘don’t bite me’

Speaking to Sky News Australia, witness Mark Morgenthal said he saw the attack and that the shark was one of the biggest he had ever seen.

“There was a guy screaming, ‘I don’t want to get bitten, I don’t want to get bitten, don’t bite me,’ and I saw the dorsal fin of the shark come up, and it was huge,” Mr Morgenthal said.

“Then I saw the tail fin come up and start kicking, and the distance between the dorsal fin and the tail fin looked to be about four metres, so it actually looked like a six-metre shark.”

Mark Morgenthal said it 'looked like a six metre shark' in the attack. Pic: Sky News Australia
Image:
Mark Morgenthal said it ‘looked like a six metre shark’ in the attack. Pic: Sky News Australia

Victim was a father and experienced surfer

New South Wales Police Superintendent John Duncan said at a press conference that the victim was 57 years old, calling the incident a “terrible tragedy”.

“The gentleman had gone out about 9.30 this morning with some of his friends, about five or six of his mates,” he added. “He’s an experienced surfer that we understand.

“Unfortunately, it would appear that a large, what we believe to be a shark, has attacked him. And as a result of that, he lost a number of limbs.

“His colleagues managed to make it back to the beach safely, and a short time later, his body was found floating in the surf, and a couple of other people went out and recovered it.”

Mr Duncan added that officers “understand he leaves behind a wife and a young daughter… and obviously tomorrow being Father’s Day is particularly critical and particularly tragic”.

Follow The World
Follow The World

Listen to The World with Richard Engel and Yalda Hakim every Wednesday

Tap to follow

Local surfer and eyewitness Bill Sakula also told reporters at the beach: “It’s going to send shockwaves through the community.

“Everyone is going to be a little bit nervous for a while.”

Read more:
British couple killed in Lisbon funicular crash named
How relationships can be rocked by serious illness
Mandelson calls Trump a maverick ‘risk taker’

Surf Life Saving NSW has deployed a drone to search for further shark activity.

Its chief executive Steve Pearce said: “Our deepest condolences go to the family of the man involved in this terrible tragedy.”

Shark attacks are very rare, with this incident widely thought to be the first in New South Wales this year.

The last time a person in Sydney was killed in a shark attack was in February 2022 – the city’s first fatal shark attack since 1963.

Continue Reading

Politics

Senate crypto bill adds clause to keep tokenized stocks as securities

Published

on

By

Senate crypto bill adds clause to keep tokenized stocks as securities

Senate crypto bill adds clause to keep tokenized stocks as securities

The US Senate has added a provision to its crypto bill confirming that tokenized stocks remain securities, preserving their fit within existing financial frameworks.

Continue Reading

Sports

Astros’ Trammell won’t face discipline for bat

Published

on

By

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.”

Continue Reading

Trending