Do you support this bill?

Assembly Bill A2198

2011-2012 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2011-A2198 (ACTIVE) - Details

Current Committee:
Assembly Real Property Taxation
Law Section:
Real Property Law
Laws Affected:
Add ยง220-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1683
2013-2014: A3407
2015-2016: A3966
2017-2018: A5786
2019-2020: A3325

2011-A2198 (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.

2011-A2198 (ACTIVE) - Bill Text download pdf 

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

                                  2198

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2011
                               ___________

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.
  3.  WHERE  A  LANDLORD  CHARGES  APPLICATION FEES IN VIOLATION OF THIS
SECTION, A POTENTIAL TENANT MAY  FILE  A  COMPLAINT  WITH  THE  CONSUMER
PROTECTION  BOARD.  UPON  A  FINDING  BY  THE  BOARD THAT A LANDLORD HAS
VIOLATED THE PROVISIONS OF THIS SECTION, THE BOARD SHALL IMPOSE  A  FINE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06247-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.