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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

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Archive: Last Bill Status - On Floor Calendar

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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

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