Press Release

NY Real Estate Trade Associations and Brokerage Firms File Lawsuit Against DOS


February 9, 2020

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The Real Estate Board of New York, along with New York State Association of Realtors and numerous residential brokerage firms, filed a lawsuit Monday in response to misguided and harmful Guidance issued by New York State’s Department of State.

To view the Temporary Restraining Order, click here

To read the Petition, click here

To read the Exhibits, click here

To read the Affidavits and other documents, click here

“The entry today by the Court in Albany of an order temporarily halting the implementation of New York State Department of State’s (DOS) interpretation of the Statewide Housing Stability and Tenant Protection Act means that thousands of hardworking, honest real estate agents across New York State can do business in the same way they did prior to last week’s DOS memo without fear of discipline by the DOS.  We look forward to ultimately resolving this matter in Court in the weeks ahead.  Meanwhile, we appreciate all of our members’ support and vigilance during this period of upheaval and confusion.  We also want to thank Claude Szyfer and his team at Stroock & Stroock & Lavan LLP for their tireless efforts on this matter.”

Joint Statement by Real Estate Board New York (REBNY) President James Whelan and New York State Association of Realtors (NYSAR) President Jennifer Stevenson on Court Order Regarding Broker Commissions