REBNY Said New Broker Law
Violates Free Speech Now Claim
Dismissed but Some Survive
by
Matthew Russell Lee, Patreon Book
Substack
SDNY
COURTHOUSE,
June 10 – New York City's new
rental broker fee law, which
has landlords paying brokers
instead of tenants paying, has
been sued by the Real Estate
Board of New York.
On May 2 a
hearing was held by U.S.
District Court for the
Southern District of New York
Judge Ronnie Abrams. Inner
City Press live tweeted it.
From the thread:
City: "upfront
fees are a significant barrier
to entering rental market."
Rebuttal by REBNY: "the City
cannot justify this speech
restriction."
Judge
Abrams: Doesn't the TikTok
decision support these
restrictions?
REBNY lawyer:
TikTok is owned by a foreign
sovereign and there are
national security concerns...
Judge Abrams:
Thank you, I'll reserve
On June 10 Judge
Abrams dismissed most but not
all claims, and denied the PI:
"the motion to dismiss is
granted with respect to
Plaintiffs' First Amendment,
New York State Constitution,
and state law preemption
claims, and denied with
respect to Plaintiffs'
Contracts Clause claim. The
motion for a preliminary
injunction is denied in its
entirety."
The case is Real
Estate Board of New York, Inc.
et al v. The City Of New York
, et al., 1:24-cv-9678
(Abrams)
***
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