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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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