Senate Bill S5407

2019-2020 Legislative Session

Relates to licensing tenant screening bureaus

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • 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

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2019-S5407 (ACTIVE) - Details

See Assembly Version of this Bill:
A6789
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §238-a, RP L
Versions Introduced in Other Legislative Sessions:
2021-2022: S285, A3302
2023-2024: S2336

2019-S5407 (ACTIVE) - Summary

Relates to licensing tenant screening bureaus; provides that no person shall act as a tenant screening bureau without first obtaining a license from the department of state.

2019-S5407 (ACTIVE) - Sponsor Memo

2019-S5407 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5407
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 30, 2019
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  licensing  tenant
   screening bureaus
 
   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
 238-a to read as follows:
   §  238-A.  TENANT  SCREENING  BUREAUS;  LICENSING. 1. DEFINITIONS. FOR
 PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL  HAVE  THE  FOLLOWING
 MEANINGS:  (A) "FILE" WHEN USED IN CONNECTION WITH INFORMATION ABOUT ANY
 TENANT OR PROSPECTIVE TENANT MEANS ALL  OF  THE  INFORMATION  ABOUT  THE
 TENANT  OR  PROSPECTIVE TENANT THAT IS RECORDED AND RETAINED BY A TENANT
 SCREENING BUREAU, REGARDLESS OF HOW THE INFORMATION IS STORED.
   (B)  "RESIDENTIAL  PROCEEDING"  MEANS  A  JUDICIAL  OR  ADMINISTRATIVE
 PROCEEDING  THAT  IS  RELATED  TO RESIDENTIAL TENANCY, RENT OR EVICTION,
 REGARDLESS OF THE FORUM  IN  WHICH  SUCH  PROCEEDING  IS  INITIATED  AND
 REGARDLESS  OF  WHETHER  SUCH PROCEEDING IS INITIATED BY A LANDLORD OR A
 TENANT.
   (C) "TENANT SCREENING BUREAU" MEANS A PERSON THAT, FOR A FEE, REGULAR-
 LY ENGAGES IN THE BUSINESS OF ASSEMBLING OR EVALUATING INFORMATION ABOUT
 INDIVIDUALS FOR THE PURPOSE OF FURNISHING TENANT  SCREENING  REPORTS  TO
 THIRD  PARTIES WHERE SUCH REPORTS ARE USED OR ARE INTENDED TO BE USED IN
 CONNECTION WITH THE RENTAL OF RESIDENTIAL REAL PROPERTY LOCATED  IN  THE
 STATE. SUCH TERM SHALL NOT INCLUDE A PERSON WHO OBTAINS A TENANT SCREEN-
 ING  REPORT  AND  PROVIDES  SUCH REPORT OR INFORMATION CONTAINED IN SUCH
 REPORT TO A SUBSIDIARY OR AFFILIATE OF SUCH PERSON.
   (D) "TENANT SCREENING REPORT" MEANS ANY WRITTEN, ORAL OR OTHER  COMMU-
 NICATION  THAT  PURPORTS  TO  CONTAIN  INFORMATION  ABOUT  A RESIDENTIAL
 PROCEEDING INVOLVING TENANT OR PROSPECTIVE TENANT WHO IS THE SUBJECT  OF
 THE  REPORT  AND THAT IS USED OR EXPECTED TO BE USED IN WHOLE OR IN PART
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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