| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2020 |
referred to judiciary |
| May 16, 2019 |
print number 4220a |
| May 16, 2019 |
amend and recommit to judiciary |
| Mar 05, 2019 |
referred to judiciary |
Senate Bill S4220A
2019-2020 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
Bill Amendments
2019-S4220 - Details
2019-S4220 - Sponsor Memo
BILL NUMBER: S4220
SPONSOR: PARKER
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, and in no event shall
such fee exceed $30.
SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of the bill defines "application fees", "potential
tenants", and "landlords" for the purposes of the new section. Subdivi-
sion 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, provided
that the total of such fee or fees does not exceed $30.
2019-S4220 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4220
2019-2020 Regular Sessions
I N S E N A T E
March 5, 2019
___________
Introduced by Sen. PARKER -- 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:
§ 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.
2019-S4220A (ACTIVE) - Details
2019-S4220A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4220A
SPONSOR: PARKER
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 protect potential tenants from being charged application
fees at an amount greater than the actual cost of a credit check or the
related services paid to a third party by the landlord, and in no event
shall any such fee exceed $30.
SUMMARY OF PROVISIONS:
Section 1. the real property law is amended by adding a new section
220-a
Section 2. Effective date
2019-S4220A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4220--A
2019-2020 Regular Sessions
I N S E N A T E
March 5, 2019
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- 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:
§ 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.
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