REAL ESTATE BOARD OF NEW YORK, INC. v. THE CITY OF NEW YORK

Abstract

The court denied a preliminary injunction against New York City\u27s FARE Act, which shifts broker fee payment from tenants to landlords. The judge granted in part the City\u27s motion to dismiss, striking down plaintiffs\u27 First Amendment, New York State Constitution, and state law preemption claims. However, the Contracts Clause claim was allowed to proceed. The court emphasized that it cannot overturn legislation based on policy disagreements

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This paper was published in Fordham University School of Law.

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