Assembly Bill A10676

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10676
 
                           I N  A S S E M B L Y
 
                              August 12, 2022
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Housing
 
 AN ACT to amend the real property law, in relation to  tenant  selection
   screening guidelines
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Fair Chance: Reforming the Use of Credit Checks in Tenant Screening
 Act".
   § 2. The real property law is amended by adding a new section 227-g to
 read as follows:
   §  227-G. CREDIT CHECKS IN TENANT SCREENING. 1. NO LANDLORD OF A RESI-
 DENTIAL PREMISES SHALL REFUSE TO RENT OR OFFER A LEASE  TO  A  POTENTIAL
 TENANT  DUE TO A POTENTIAL TENANT'S CONSUMER CREDIT HISTORY OR SCORE, OR
 LACK THEREOF, IF THE POTENTIAL TENANT:
   (A) MADE FULL RENT PAYMENTS WITHIN FIVE DAYS OF THE DATE THE RENT  WAS
 DUE  FOR  EACH OF THE TWELVE MONTHS IMMEDIATELY PRECEDING THE SUBMISSION
 OF THE POTENTIAL TENANT'S RENTAL APPLICATION;  PROVIDED,  HOWEVER,  THAT
 FOR  RENTAL APPLICATIONS SUBMITTED DURING OR PRIOR TO JUNE, TWO THOUSAND
 TWENTY-TWO, MISSED OR LATE RENTAL PAYMENTS THAT ACCRUED  BETWEEN  MARCH,
 TWO  THOUSAND  TWENTY  AND  JUNE,  TWO  THOUSAND TWENTY-ONE SHALL NOT BE
 CONSIDERED CAUSE TO DENY AN APPLICATION. IN LIEU OF PAYMENTS DURING SUCH
 EXEMPTED TIME PERIOD, A POTENTIAL TENANT MAY  USE  PAYMENTS  MADE  IMME-
 DIATELY  PRIOR  TO  MARCH  OF  TWO THOUSAND TWENTY TO DEMONSTRATE TWELVE
 MONTHS OF CONSECUTIVE TIMELY RENTAL PAYMENTS;
   (B) IS THE RECIPIENT OF OR A BENEFICIARY OF GOVERNMENT PROVIDED SUBSI-
 DY OR PROGRAM THAT IS PAID DIRECTLY TO THE LANDLORD AND PAYS THE MONTHLY
 RENT IN ITS ENTIRETY;
   (C)  HAS  A  CREDIT  HISTORY  OR  REPORT  WHEREIN  ANY  DELINQUENCIES,
 COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
 SOLELY DUE TO MEDICAL OR STUDENT LOAN DEBT; OR
   (D)  HAS  A  CREDIT  HISTORY  OR  REPORT  WHEREIN  ANY  DELINQUENCIES,
 COLLECTIONS, MONEY JUDGMENTS, LIENS OR OTHER DETRIMENTAL INFORMATION ARE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16064-01-2
              

 A. 10676                            2
 
 THE DIRECT RESULT OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
 OR STALKING.
   2.  IF  A POTENTIAL LESSOR INTENDS TO DENY A POTENTIAL LESSEE'S RENTAL
 APPLICATION DUE TO CREDIT HISTORY OR SCORE, SUCH LESSOR MUST INFORM  THE
 POTENTIAL  LESSEE  OF  THE REASONS FOR THE DENIED APPLICATION IN WRITING
 AND PROVIDE THE POTENTIAL LESSEE WITH AN OPPORTUNITY TO DEMONSTRATE THAT
 ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF THIS SECTION APPLY
 TO THEM WITHIN FIVE DAYS OF RECEIVING SUCH WRITTEN APPLICATION DENIAL.
   3. THERE SHALL BE  A  REBUTTABLE  PRESUMPTION  THAT  A  PERSON  IS  IN
 VIOLATION  OF  THIS SECTION IF IT IS ESTABLISHED THAT THE LESSOR REFUSED
 TO RENT OR OFFER A  LEASE  TO  A  POTENTIAL  TENANT  AFTER  SUCH  LESSOR
 REQUESTED  CREDIT  REPORT  INFORMATION  AND  THE POTENTIAL TENANT DEMON-
 STRATED THAT ANY OF THE CONDITIONS SET FORTH IN SUBDIVISION ONE OF  THIS
 SECTION APPLIED TO THEM.
   4. WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFAC-
 TORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR
 AGENT OR EMPLOYEE THEREOF HAS VIOLATED THIS SECTION, HE OR SHE MAY BRING
 AN ACTION OR SPECIAL PROCEEDING IN THE  SUPREME  COURT  FOR  A  JUDGMENT
 ENJOINING  THE  CONTINUANCE OF SUCH VIOLATION AND FOR A CIVIL PENALTY OF
 NOT LESS THAN FIVE HUNDRED DOLLARS,  BUT  NOT  MORE  THAN  ONE  THOUSAND
 DOLLARS FOR EACH VIOLATION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.