East Orange landlords, property owners and developers who hire real estate brokers would have to pay those brokerage fees themselves under Ordinance No. 43 of 2026. The City Council was expected to consider the measure for final adoption at its Monday, Nov. 9 meeting. It would also bar landlords from recovering the costs through higher rents, reduced concessions or hidden charges, and would take effect 20 days after final passage.
The ordinance would prohibit landlords and brokerage firms from charging prospective tenants for broker costs unless the tenants independently hired the broker, according to Essex Union News. Mayor Ted R. Green said the measure is intended to ease the financial strain on residents looking for rental housing; an unexpected broker fee can prevent a family from securing an apartment, TAPinto reported.
Landlords Face New Disclosure Rules and Fines
Rental listings would have to disclose all mandatory fees, and landlords or their agents would need to provide prospective tenants with an itemized written statement of charges before a lease is signed, according to Patch. Landlords would also have to certify that brokerage fees had not been improperly shifted to tenants. Violations could carry fines of up to $2,000 each.
The measure would not bar tenants from paying for a broker they independently hire to find housing under a separate representation agreement, Patch reported. East Orange’s proposal follows a similar Newark ordinance adopted in September that bars landlords from passing brokerage fees to new tenants in market-rate and affordable units, according to NJ.com. Newark’s ordinance took effect Oct. 13, 20 days after passage. The outlet reported that 24.4% of Newark residents live in owner-occupied housing, the lowest homeownership rate—and highest renter share, at 75.6%—among New Jersey’s 10 largest municipalities.
Tenant Advocates Welcome the Shift, With Caveats
Cheryl Gandy, co-founder of the Greater East Orange Tenant Association, supported the ordinance as a way to shift costs away from tenants, according to TAPinto. She also urged the city to address broader concerns she described, including alleged illegal rent increases, delayed repairs and the handling of tenant complaints. Gandy advised renters to document questionable fees and report potential violations to the city and GREOTA. The association is working with East Orange on housing-code provisions related to rent records and certificates of habitability.
East Orange resident Erica L. Coleman also supported the measure but questioned whether housing rules would be enforced consistently. She told TAPinto that laws need enforcement to have practical effect, and said broker fees can add to the substantial costs families face when moving.
One Tenant's Nine-Year Fight Over Rent and Repairs
Coleman has spent nine years challenging rental charges and housing violations connected to her apartment, TAPinto reported. She alleges that her landlord has charged more than the legally permitted rent and that the apartment lacks a valid certificate of habitability. Coleman says she pays about $391 more per month than she believes is legally required. TAPinto said it had not independently verified her allegations or the status of her complaints.
Existing Rent-Filing Rules and a Regional Comparison
East Orange’s 2025 rent-filing notice says owners covered by the rent-control chapter must file annual rent rolls before applying for an annual rent increase. It says late filings may lead to a complaint summons under city-code provisions, but that filing requirement does not establish whether a particular tenant’s rent is lawful or determine the status of Coleman’s complaints. The notice describes the filing rule but does not identify which city office or board handles individual rent-control or housing-code complaints, according to the City of East Orange.
New York City offers a separate comparison: its Fairness in Apartment Rental Expenses Act took effect June 11, 2025, and bars landlords from passing the fees of brokers they hired to prospective tenants. The New York City Department of Consumer and Worker Protection says a sustained violation can result in a civil penalty and possible restitution; that process does not establish how East Orange’s proposal would be enforced.
Coleman has called for consistent enforcement of existing housing laws as well as new protections. Separately, East Orange has expanded its first-time homebuyers program, increasing down payment assistance from $25,000 to as much as $100,000 for eligible applicants. The city also says it is pursuing housing rehabilitation programs, affordable housing development, and education on tenant rights, foreclosure prevention and homeownership.
