Industry Alert: Fairness in Apartment Rental Expenses Act (FARE Act) Update – Learn More

We wanted to provide you with an update on the Fairness in Apartment Rental Expenses Act (FARE Act) that was introduced and passed by the City Council, and went into effect starting on June 11, 2025.

The plaintiffs’ latest effort to enjoin enforcement of the FARE Act pending their appeal in the case of REBNY et al v. City of New York, U.S. Southern District, 24-CV-9678(RA) has been denied. Plaintiffs filed an appeal from the U.S. District Court’s June 10, 2025 denial of a preliminary injunction and dismissal of their claims based on violations of the First Amendment, the NY State Constitution and state law preemption. By Order dated July 10, 2025, Judge Abrams denied plaintiffs’ motion for a preliminary appellate injunction concluding that the plaintiffs did not demonstrate a strong likelihood of success on their appeal, and that the City would be substantially injured by the injunction.

Therefore, the FARE Act remains in full force and effect.

If you have any questions about the FARE Act, please feel free to contact your trusted R&E attorney or Adam Lindenbaum, Member of the firm’s Litigation Department, who authored these industry updates on the FARE Act.