Curious about the legal ramifications of a fun new situation I'm in:

Found an amazing apartment in a Brand New Building. Saw the building in September, originally was given a Nov 1 lease, but signed a lease for a Dec 1 start date.

The landlord has now pushed back the delivery of keys for the apartment to at least Dec 15. There's no Certificate of Occupancy for the building yet, and I'm not sure that NYC Dept of Buildings will be issuing one over two very slow months (holidays in November and December).

The lease has a 30-day failure to deliver possession clause. In the event we get to January 1 and I have not seen keys, is a broker legally required to return a fee due to lack of possession?

Any advice is appreciated - I'm truly at a loss here. I know that the broker did work for us in securing the lease, but we also need that money to pay a new broker fee for another apartment if we need to cancel the current lease.