Assembly Bill A5786

2017-2018 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 - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

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

co-Sponsors

2017-A5786 (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
2015-2016: A3966
2019-2020: A3325

2017-A5786 (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.

2017-A5786 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5786
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 15, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ  -- 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:
   § 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
 A FIRST OR SECOND VIOLATION AND A FINE OF TWO HUNDRED FIFTY DOLLARS  FOR
 A THIRD OR ANY SUBSEQUENT VIOLATION.
   §  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

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.