Assembly Bill A3325

2019-2020 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

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Archive: Last Bill Status - In Assembly 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-A3325 (ACTIVE) - Details

See Senate Version of this Bill:
S4220
Current Committee:
Assembly Codes
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, S5437
2015-2016: A3966, S1563
2017-2018: A5786, S3074

2019-A3325 (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.

2019-A3325 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3325
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. CYMBROWITZ, BARRON -- 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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