LEGAL CORNER: NYC Passes the FARE Act and Restricts the Payment of Commissions by Tenants
The real estate industry has expressed concerns regarding the potential repercussions of the FARE Act.
NEW YORK—The Partnership for New York City released a survey earlier this month of more than 140 major Manhattan office employers between Jan. 5 and Jan. 28, 2023, which showed that employees are continuing to return to the office, at least on a part-time basis.
As of late January 2023, 52% of Manhattan office workers were at their workplace on an average weekday, up from 49% in September 2022. Only 9% of employees were in the office five days a week, unchanged from September. The share of office employees that are fully remote dropped from 16% in September 2022 to 10% as of late January.
Return to office rates are approaching employers’ expected “new normal” occupancy rates of 56%.
Consistent with past surveys, 82% of employers indicated a hybrid office schedule will be their predominant policy in 2023. For employers with a hybrid model, the survey reports that 59% of employees are in the office at least three days a week.
Many employers expanded New York City headcount during the pandemic and remain committed to the city: 40% increased their New York City headcount during the pandemic and 38% maintained headcount levels; only 21% decreased headcount. About half (48%) of employers expect to increase their New York City workforce, 45% expect to maintain current headcount, and only 7% expect to reduce headcount.
While 29% of employers have reduced their real estate footprint since February 2020, 17% increased their footprint and 54% had no change. A larger share of employers (26%) expect to increase their real estate footprint over the next five years than expect to reduce it (18%); the majority (56%) expect to maintain their current footprint.
The Partnership survey of employers found:
On an average weekday, 52% of Manhattan office workers are in the workplace as of late January 2023. Nine percent of Manhattan office workers are in the office full time (five days a week). 15% are in four days per week. 35% are in three days per week. 18% are in two days per week. 12% are in one day per week. 10% of Manhattan office workers are fully remote.
The real estate industry has the highest average daily attendance (80%) as of late January, followed by financial services (59%) and law (58%).
Real estate firms expect a “new normal” of 81% average daily office attendance; financial services firms expect 62%; law firms expect 61%.
The tech industry has a 43% average daily office attendance as of late January, which is expected to increase to a “new normal” of 49%.
Office Attendance Increased Among Larger Firms
Among firms with more than 5,000 employees, 49% of employees are currently in the office on the average weekday—up from 44% in September 2022 and 31% in April 2022—with expectations of a 53% “new normal” average daily occupancy.
Among firms with fewer than 500 employees, 59% of employees have returned to the office on the average weekday, up slightly from 54% in the fall. Average daily attendance is expected to increase to a “new normal” of 62%.
The Partnership also asked employers about their office attendance policies:
82% of employers will have a hybrid schedule in 2023; only 9% require daily attendance. The remainder rely on departmental discretion (7%) or employee discretion (2%).
Among companies with additional offices outside of New York City, the vast majority (92%) said their remote work policy is uniform across geographies; 5% said their New York City office(s) offers more remote work flexibility than offices outside the city and 3% said their New York City office(s) offer less flexibility.
Half of companies are still offering incentives to employees who return to the office, down from 59% in September. Common incentives include social activities (38% offering), free or discounted meals (36%), transportation subsidies (7%), and child care support (3%).
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