|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 31, 2013||referred to judiciary|
senate Bill S3170
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3170 - Details
S3170 - 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.
S3170 - Sponsor Memo
BILL NUMBER:S3170 TITLE OF BILL: An act to amend the real property law, in relation to fees landlords may charge tenants PURPOSE OR GENERAL IDEA OF BILL: This bill would allow landlords to charge potential tenants application fees no greater than the actual cost of a credit check or the related services paid to a third party by the landlord. SUMMARY OF SPECIFIC PROVISIONS: Subdivision 1 of the bill defines "application fees", "potential tenants", and "landlords" for the purposes of the new section. Subdivision 2 would allow a landlord to charge an application fee equal to the cost of services paid for by the landlord to a third party. Subdivision 3 would enable a potential tenant to file a complaint with the division of housing and community renewal. If the division determines that the landlord has violated this section a fine of one hundred dollars for a first or second violation may be imposed and a third or subsequent violation may be subject to a fine of two hundred fifty dollars. JUSTIFICATION: This legislation would strike a balance between provid- ing necessary protection for tenants and enabling landlords to recover the actual costs involved in researching and verifying the credit histo- ries of potential tenants. The practice of charging prospective tenants "application fees" is completely unregulated under present law. As a
S3170 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3170 2013-2014 Regular Sessions I N S E N A T E January 31, 2013 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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. 3. WHERE A LANDLORD CHARGES APPLICATION FEES IN VIOLATION OF THIS SECTION, A POTENTIAL TENANT MAY FILE A COMPLAINT WITH THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. UPON A FINDING BY THE DIVISION THAT A LANDLORD HAS VIOLATED THE PROVISIONS OF THIS SECTION, THE DIVISION SHALL IMPOSE A FINE OF ONE HUNDRED DOLLARS FOR A FIRST OR SECOND VIOLATION AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01790-01-3
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