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Q&A

Menin on FAIR Act enforcement and low summons rate

New York City Council · May 29, 2026 · starts 2:46:49 · 2 min 33 sec

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.

UNKNOWN

And how many staff do you have dedicated to enforcement around this topic?

Sam Levine

I'm going to kick that to our deputy commissioner.

Elizabeth Wagoner

So we actually have...

Elizabeth Wagoner

our investigators, attorneys, and data scientists in the Office of Labor Policy and Standards working on all of our laws.

Elizabeth Wagoner

So our, not including the new lines we've just received, we have 54 people in OLPS who work on all of our laws.

Elizabeth Wagoner

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.

UNKNOWN

Moving to a new topic, the FAIR Act and housing affordability.

UNKNOWN

So since the FAIR Act took effect on June 11, 2025, DCWP has received over 1,400 complaints related to illegal broker fees,

UNKNOWN

but it appears only 50 summons to real estate brokers, landlords, or property managers have been filed, which equates to roughly 3.5%.

UNKNOWN

Of total complaints.

UNKNOWN

Can you explain why that is the case?

Sam Levine

I'm happy to, Madam Speaker.

Sam Levine

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.

Sam Levine

But there's still a gap, as you recognize.

Sam Levine

The basis for that is twofold, and our general counsel can add more to this.

Sam Levine

One, sometimes we will get, often we will get complaints from folks who were not actually charged a broker fee, but maybe they're

Sam Levine

friend told them they were charged a broker fee or they were tempted to charge a broker fee, we will follow up.

Sam Levine

We will not always be able to follow up and actually reach that broker.

Sam Levine

So part of it is just general awareness of the FAIR Act, and we're very proud of our outreach campaign on that.

Sam Levine

Part of that also is just the oath process.

Sam Levine

A lot of these cases are moving through oath, and you are seeing the number of recoveries for consumers steadily rising.

Sam Levine

Mike, do you want to add to that?

Michael Tiger

No, that's absolutely right.

Michael Tiger

We took, when this law came on board, we took it very seriously and prioritized it.

Michael Tiger

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,

Michael Tiger

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.

Michael Tiger

Especially for the fair.

UNKNOWN

Okay.