Menin on FAIR Act enforcement and low summons rate
Menin questions why only 50 summons were filed from 1,400 FAIR Act complaints. Levine reports updated numbers of 73 summons and $27,000 in penalties, explaining some complaints don't involve actual broker fee charges.
And how many staff do you have dedicated to enforcement around this topic?
I'm going to kick that to our deputy commissioner.
So we actually have...
our investigators, attorneys, and data scientists in the Office of Labor Policy and Standards working on all of our laws.
So our, not including the new lines we've just received, we have 54 people in OLPS who work on all of our laws.
The biggest area of work for us is our threefold paid safe and sick leave, which we're now calling the protected time off law, the fair work week law, and the delivery worker laws.
Moving to a new topic, the FAIR Act and housing affordability.
So since the FAIR Act took effect on June 11, 2025, DCWP has received over 1,400 complaints related to illegal broker fees,
but it appears only 50 summons to real estate brokers, landlords, or property managers have been filed, which equates to roughly 3.5%.
Of total complaints.
Can you explain why that is the case?
I'm happy to, Madam Speaker.
I'll say briefly that since the FAIR Act was enacted, we were now up to 73 summons, 27,000 in penalties awarded by oath, 15,000 awarded in restitution.
But there's still a gap, as you recognize.
The basis for that is twofold, and our general counsel can add more to this.
One, sometimes we will get, often we will get complaints from folks who were not actually charged a broker fee, but maybe they're
friend told them they were charged a broker fee or they were tempted to charge a broker fee, we will follow up.
We will not always be able to follow up and actually reach that broker.
So part of it is just general awareness of the FAIR Act, and we're very proud of our outreach campaign on that.
Part of that also is just the oath process.
A lot of these cases are moving through oath, and you are seeing the number of recoveries for consumers steadily rising.
Mike, do you want to add to that?
No, that's absolutely right.
We took, when this law came on board, we took it very seriously and prioritized it.
And I think, just to note, this new investment that the commissioner was talking about by the Mamdani administration is definitely something we are going to, the FAIR Act and other rental issues,
the issues that arose during the mayor's rental ripoff hearings are definitely a topic that we are going to use when we get these new lines on board to redouble our efforts.
Especially for the fair.
Okay.