Terms of Service

Foyer (“Platform,” “we,” “us”) is a technology platform that provides listing, applicant matching, and workflow tools for property managers and prospective tenants in New York City.

We are not a licensed real estate broker or agent. We do not represent either party in any rental transaction. We do not negotiate leases, collect rent, hold security deposits, or provide legal advice. All leasing decisions — including applicant selection, offer terms, and lease execution — are made solely and exclusively by the property manager.

Nothing on this Platform constitutes a brokerage service, and use of this Platform does not create an agency relationship between Foyer and any user.

By registering as a property manager and posting any listing, you represent and warrant that:

• You have full legal authority to offer the listed unit for rent, including authorization from the property owner if you are a managing agent acting on their behalf.
• All information in your listing is accurate, complete, and not misleading, including rent, fees, unit size, photographs, and availability date.
• You will provide all legally required disclosures to prospective tenants before lease signing, including but not limited to the FARE Act itemized fee disclosure, bedbug history, lead-based paint disclosure (for pre-1978 buildings), window guard notice, sprinkler disclosure, indoor allergen hazards notice, carbon monoxide and smoke detector notice, security deposit banking disclosure, and reasonable accommodations notice.
• You will comply with all applicable federal, state, and local laws governing the rental of residential property, including the NYC Fair Chance for Housing Act (Local Law 4 of 2024), the Fairness in Apartment Rental Expenses Act (Local Law 72 of 2024), the NYC Human Rights Law, the New York State Human Rights Law, the federal Fair Housing Act, New York rent regulation laws, and Good Cause Eviction protections where applicable.
• You are not a licensed real estate broker charging tenant fees in violation of the FARE Act.
• You will mark listings as rented or removed promptly when a unit is no longer available.

You agree that in connection with any listing posted on this Platform, you will not discriminate against any prospective tenant on the basis of any protected characteristic, including but not limited to:

• Race, color, creed, or religion
• National origin or immigration or citizenship status
• Sex, gender, gender identity, or gender expression
• Sexual orientation
• Age
• Disability or perceived disability
• Familial status or pregnancy
• Lawful source of income (including Section 8 vouchers, SSI, alimony, disability benefits)
• Lawful occupation
• Marital status or partnership status
• Domestic violence victim status
• Arrest record or criminal conviction (except as permitted under the NYC Fair Chance for Housing Act after a conditional offer)

This list reflects the protected classes under the NYC Human Rights Law, which is broader than federal and New York State law. You are responsible for compliance with all applicable anti-discrimination laws. Violations may be reported to the NYC Commission on Human Rights (CCHR) at (212) 416-0197 or nyc.gov/cchr.

You acknowledge and agree that, effective June 11, 2025, the Fairness in Apartment Rental Expenses (FARE) Act (NYC Local Law 72 of 2024) prohibits landlord-side brokers from charging fees to tenants. Specifically:

• You will not charge, collect, or attempt to collect any broker fee, commission, or finder’s fee from a prospective tenant in connection with any listing posted on this Platform.
• Prior to lease signing, you will provide the tenant with a written itemized disclosure of all fees the tenant must pay in connection with the rental, and you will obtain the tenant’s signature on that disclosure.
• You will retain a copy of the signed disclosure for three years and provide a copy to the tenant.
• The Platform provides a FARE Act disclosure PDF generation tool as a convenience. You are responsible for ensuring the disclosure is accurate, delivered to the tenant, and signed before lease execution.

Violations of the FARE Act are enforceable by the NYC DCWP and may result in civil penalties of $750–$2,000 per violation. Tenants also have a private right of action.

You acknowledge and agree that the NYC Fair Chance for Housing Act (Local Law 4 of 2024, effective January 1, 2025) restricts when and how criminal history may be used in housing decisions. Specifically:

• You will not inquire about, require disclosure of, or consider an applicant’s criminal history until after you have extended a conditional offer of tenancy based solely on non-criminal criteria.
• Any conditional offer will include the NYC Fair Chance Notice of Rights.
• After providing the applicant with a copy of any background report, you will allow at least five business days for the applicant to respond before making a final decision.
• You will conduct an individualized assessment of any criminal history, considering all seven required factors under NYC Administrative Code § 8-102 and Correction Law Article 23-A.
• Any adverse action based on criminal history will be accompanied by a written notice meeting the requirements of the Fair Chance for Housing Act.

Violations carry penalties up to $125,000 per violation (up to $250,000 for willful violations).

You are solely responsible for the accuracy, completeness, and lawfulness of all content you submit to the Platform, including listing descriptions, photographs, fee disclosures, and applicant communications.

Foyer does not verify the accuracy of listings and makes no representations about the completeness or accuracy of any listing. The Platform is not liable for any inaccurate, incomplete, or misleading listing content submitted by property managers.

You agree to indemnify, defend, and hold harmless Foyer, its officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Platform;
• Any listing you post;
• Any leasing decision you make or fail to make;
• Your failure to comply with any applicable federal, state, or local law;
• Any inaccuracy in information you provide to the Platform or to prospective tenants;
• Any claim by a prospective tenant, government agency, or third party arising from your conduct.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOYER’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES YOU HAVE PAID TO FOYER IN THE TWELVE MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL FOYER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Platform provides information, scoring tools, and workflow features to assist property managers in reviewing applicants. All final decisions about tenant selection are made solely by the property manager.

Foyer is not responsible for any leasing decision or its consequences. Applicant scores, rankings, and signals provided by the Platform are informational only and do not constitute a recommendation to accept or reject any applicant. Property managers are solely responsible for ensuring their selection decisions comply with all applicable fair housing laws.

By using the Platform, you agree that Foyer may collect and use information you provide, including listing data, company information, and usage data, to operate and improve the Platform. Listing information may be displayed to prospective tenants and the general public.

Foyer complies with the New York SHIELD Act (Stop Hacks and Improve Electronic Data Security Act) with respect to the protection of private information. We implement reasonable technical and organizational safeguards to protect your data.

We do not sell your personal information to third parties. Applicant data submitted through the Platform is used solely to facilitate the rental application process and is not shared with unrelated third parties without consent.

Foyer does not use algorithmic pricing software that aggregates rental pricing data across multiple landlords to generate rent recommendations. Any market data or pricing insights shown on the Platform are based on publicly available information and are provided for informational purposes only. They do not constitute a recommendation to set rent at any specific level.

You acknowledge that New York State has enacted legislation restricting the use of algorithmic rent-setting tools that aggregate competitor pricing data. You agree not to use data from this Platform as an input to any such prohibited algorithmic pricing system.

Foyer reserves the right to modify these Terms at any time. Continued use of the Platform after modifications constitutes acceptance of the revised Terms. We will provide notice of material changes via email or in-app notification where reasonably practicable.

We reserve the right to suspend or terminate your access to the Platform for violations of these Terms or applicable law, without prior notice where circumstances warrant.

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

Questions about these Terms may be directed to Foyer at legal@foyer.nyc.

Important notice: These Terms of Service reflect current NYC law as of the effective date above. They are not a substitute for legal advice. Before executing leases or making leasing decisions, consult a licensed New York real estate attorney.