A spokeswoman for the Department of State did not immediately respond to a request for comment.

Earlier this week the agency said the legal guidance was an appropriate interpretation of the rent laws that went into effect last year, which ushered in expansive protections for tenants, including limits on other fees like those paid to file an application.

The Real Estate Board, which represents major developers, property owners and brokers in New York City, will be joined in the lawsuit by the New York State Association of Realtors, a statewide organization with nearly 60,000 brokers.

In the lawsuit, the groups are expected to accuse the Department of State of failing to follow a state act that spells out how agencies are expected to issue rules and regulations.

The two groups said the Department of State, before issuing the guidance, should have sought input from the real estate industry and presented it for review before the state’s Board of Real Estate.

“These regulations will severely and wrongly impact the incomes of hard-working real estate professionals,” said Jennifer Stevenson, the president of the New York State Association of Realtors. “It is unconscionable that a serious disruption of the marketplace has occurred without any industry input or even proper review by the state Board of Real Estate.”