Exhibit 107
CALCULATION OF FILING FEE TABLES
Form S-3
(Form Type)
 
BRT Apartments Corp.
(Exact Name of Registrant as Specified in its Charter)
 
Table 1: Newly Registered Securities
         
  Security Type Security Class Title(1) Fee Calculation Rule Amount Registered(2) Proposed Maximum Offering Price Per Unit Maximum Aggregate
Offering Price
Fee Rate Amount of Registration Fee
Fees to Be Paid
Equity(1) Common stock, par value $.01 per share Rule 457(o)
Fees to Be Paid
Equity(1) Preferred stock, par value $.01 per share Rule 457(o)
Fees to Be Paid
Other(1) Warrants Rule 457(o)
Fees to Be Paid
Other(1) Subscription Rights Rule 457(o)
Fees to Be Paid
Unallocated (Universal) Shelf Rule 457(o) (2) (2) $150,000,000 $0.0001381 $20,715
Fees Previously Paid
 
  Total Offering Amounts   $150,000,000   $20,715
  Total Fees Previously Paid      
  Total Fee Offsets       $13,905(3)
  Net Fee Due       $ 6,810
  
(1)
Represents securities that may be offered and sold from time-to-time in one or more offering by the Registrant.
  
(2)
This registration statement covers an indeterminate amount and number of securities of each identified class of securities up to a proposed maximum aggregate offering price of $150,000,000, which may be offered from time to time in unspecified numbers and indeterminate prices, and as may be issued upon conversion, exchange, or exercise of any securities registered hereunder, including any applicable anti-dilution provisions.  Separate consideration may or may not be received for securities that are issuable on conversion, redemption, repurchase or exchange of other securities.  Pursuant to Rule 416(a) promulgated under the Securities Act of 1933, as amended, this registration statement also covers an indeterminate number of securities that may become issuable as a result of stock splits, stock dividends or similar transactions relating to the securities registered hereunder.
  
(3)
Pursuant to Rule 457(p) under the Securities Act of 1933, as amended, the registrant is offsetting the registration fee due on this registration statement by $13,905, which is the amount of the filing fee previously paid in connection with the unsold securities registered on the registrant's Registration Statement on Form S-3 (Registration No. 333-265591) originally filed with the Securities and Exchange Commission on June 14, 2022 and declared effective on April 28, 2023. No securities were sold under Registration Statement No. 333-265591.
 
Table 2: Fee Offset Claims and Sources
            
  Registrant or Filer Name Form or Filing Type File Number Initial Filing Date Filing Date Fee Offset Claimed Security Type Associated with Fee Offset Claimed Security Title Associated with
Fee Offset Claimed
Unsold Securities Associated with Fee Offset Claimed Unsold Aggregate Offering Amount Associated with Fee Offset Claimed Fee Paid with Fee Offset Source
Rule 457(p)
Fees Offset Claims
BRT Apartments Corp. S-3 333-265591 June 14, 2022   $13,905 Unallocated (Universal) Shelf Equity Unallocated (Universal) Shelf $150,000,000(3)  
Fees Offset Sources
BRT Apartments Corp. S-3 333-265591   June 14, 2022           $13,905(3)
  
(3)
Pursuant to Rule 457(p) under the Securities Act of 1933, as amended, the registrant is offsetting the registration fee due on this registration statement by $13,905, which is the amount of the filing fee previously paid in connection with the unsold securities registered on the registrant's Registration Statement on Form S-3 (Registration No. 333-265591) originally filed with the Securities and Exchange Commission on June 14, 2022 and declared effective on April 28, 2023. No securities were sold under Registration Statement No. 333-265591. Upon effectiveness of this registration statement, the prior registration statement, No. 333-265591, will be replaced. Pursuant to Rule 457(p), an amount of $13,905 is hereby used to offset the current registration fee due. As a result, a filing fee of $6,810 is being paid herewith.
 

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