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Assembly Bill A3966A

2015-2016 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 - On Floor Calendar

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Bill Amendments

2015-A3966 - Details

Law Section:
Real Property Law
Laws Affected:
Add §220-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1683
2011-2012: A2198
2013-2014: A3407
2017-2018: A5786
2019-2020: A3325

2015-A3966 - 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.

2015-A3966 - Bill Text download pdf 

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

                                  3966

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

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

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.
                                                           LBD04771-01-5

co-Sponsors

2015-A3966A (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Add §220-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1683
2011-2012: A2198
2013-2014: A3407
2017-2018: A5786
2019-2020: A3325

2015-A3966A (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.

2015-A3966A (ACTIVE) - Bill Text download pdf 

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

                                 3966--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Housing  --  recommitted to the Committee on Housing in accordance
  with Assembly Rule 3, sec. 2 -- 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.
  2.  IF  A  LANDLORD  OR HIS OR HER AGENT CHARGES A POTENTIAL TENANT AN
APPLICATION FEE, SUCH APPLICATION FEE MAY NOT EXCEED 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 COMMISSIONER
OF THE DIVISION OF HOUSING AND COMMUNITY RENEWAL.  UPON A FINDING BY THE
COMMISSIONER THAT  A  LANDLORD  HAS  VIOLATED  THE  PROVISIONS  OF  THIS
SECTION, THE COMMISSIONER SHALL IMPOSE A FINE OF ONE HUNDRED DOLLARS FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04771-02-6

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