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Assembly Bill A1683

2009-2010 Legislative Session

Prohibits landlords from charging potential tenants application fees greater than the actual cost of a credit check or other related services paid by the landlord

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A1683 - Details

Current Committee:
Assembly Real Property Taxation
Laws Affected:
Add §220-a, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2198
2013-2014: A3407
2015-2016: A3966
2017-2018: A5786
2019-2020: A3325

2009-A1683 - Summary

Allows landlords to charge potential tenants application fees no greater than the actual cost of a credit check or related services paid to a third party by the landlord, and in no event shall such fee exceed $30.

2009-A1683 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1683

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property law, in relation to fees landlords may
  charge tenants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding  a  new  section
220-a to read as follows:
  S 220-A. APPLICATION FEES. 1. WHEREVER USED IN THIS SECTION:
  A.  "APPLICATION  FEE"  MEANS ANY APPLICATION PROCESSING FEE OR CREDIT
CHECK CHARGE OR SIMILAR CHARGE THAT A POTENTIAL TENANT MUST PAY OR IS IN
ANY WAY REQUESTED TO PAY TO A LANDLORD IN ORDER  TO  BE  CONSIDERED  FOR
RENTAL  OR  LEASE OF ANY REAL PROPERTY OR PORTION THEREOF USED FOR RESI-
DENTIAL PURPOSES.
  B. "POTENTIAL TENANT" MEANS ANY PERSON WITH AN INTENTION TO  LEASE  OR
RENT  ANY  REAL  PROPERTY  OR  PORTION THEREOF FOR RESIDENTIAL PURPOSES,
EXCLUDING POTENTIAL TENANT SHAREHOLDERS OF  COOPERATIVE  HOUSING  CORPO-
RATIONS.
  C.  "LANDLORD" MEANS ANY OWNER, MANAGING AGENT OR PRIME LESSOR OF REAL
PROPERTY OR ANY REAL ESTATE BROKER, PROVIDED, THAT  THIS  SECTION  SHALL
NOT  LIMIT  THE  FEE  THAT CAN BE LAWFULLY CHARGED BY SUCH BROKER IF THE
POTENTIAL TENANT ENTERS INTO A LEASE OR OCCUPIES REAL PROPERTY FOR RESI-
DENTIAL PURPOSES AS A RESULT OF THE BROKER'S SERVICES.
  2. A LANDLORD MAY CHARGE A POTENTIAL TENANT AN APPLICATION  FEE  EQUAL
TO  THE ACTUAL COST OF A CREDIT CHECK OR OTHER RELATED SERVICES PAID FOR
BY A LANDLORD TO A THIRD PARTY, PROVIDED, HOWEVER,  THAT  THE  TOTAL  OF
SUCH FEE OR FEES SHALL NOT EXCEED THIRTY DOLLARS.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00153-01-9

2009-A1683A (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Laws Affected:
Add §220-a, RP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2198
2013-2014: A3407
2015-2016: A3966
2017-2018: A5786
2019-2020: A3325

2009-A1683A (ACTIVE) - Summary

Allows landlords to charge potential tenants application fees no greater than the actual cost of a credit check or related services paid to a third party by the landlord, and in no event shall such fee exceed $30.

2009-A1683A (ACTIVE) - Sponsor Memo

2009-A1683A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1683--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Real  Property  Taxation  --  committee  discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property law, in relation to fees landlords may
  charge tenants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  real property law is amended by adding a new section
220-a to read as follows:
  S 220-A. APPLICATION FEES. 1. WHEREVER USED IN THIS SECTION:
  A. "APPLICATION FEE" MEANS ANY APPLICATION PROCESSING  FEE  OR  CREDIT
CHECK CHARGE OR SIMILAR CHARGE THAT A POTENTIAL TENANT MUST PAY OR IS IN
ANY  WAY  REQUESTED  TO  PAY TO A LANDLORD IN ORDER TO BE CONSIDERED FOR
RENTAL OR LEASE OF ANY REAL PROPERTY OR PORTION THEREOF USED  FOR  RESI-
DENTIAL PURPOSES.
  B.  "POTENTIAL  TENANT" MEANS ANY PERSON WITH AN INTENTION TO LEASE OR
RENT ANY REAL PROPERTY OR  PORTION  THEREOF  FOR  RESIDENTIAL  PURPOSES,
EXCLUDING  POTENTIAL  TENANT  SHAREHOLDERS OF COOPERATIVE HOUSING CORPO-
RATIONS.
  C. "LANDLORD" MEANS ANY OWNER, MANAGING AGENT OR PRIME LESSOR OF  REAL
PROPERTY  OR  ANY  REAL ESTATE BROKER, PROVIDED, THAT THIS SECTION SHALL
NOT LIMIT THE FEE THAT CAN BE LAWFULLY CHARGED BY  SUCH  BROKER  IF  THE
POTENTIAL TENANT ENTERS INTO A LEASE OR OCCUPIES REAL PROPERTY FOR RESI-
DENTIAL PURPOSES AS A RESULT OF THE BROKER'S SERVICES.
  2.  A  LANDLORD MAY CHARGE A POTENTIAL TENANT AN APPLICATION FEE EQUAL
TO THE ACTUAL COST OF A CREDIT CHECK OR OTHER RELATED SERVICES PAID  FOR
BY  A  LANDLORD  TO  A THIRD PARTY, PROVIDED, HOWEVER, THAT THE TOTAL OF
SUCH FEE OR FEES SHALL NOT EXCEED THIRTY DOLLARS.
  3. WHERE A LANDLORD CHARGES APPLICATION  FEES  IN  VIOLATION  OF  THIS
SECTION,  A  POTENTIAL  TENANT  MAY  FILE  A COMPLAINT WITH THE CONSUMER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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