Assembly Bill A7934A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7934--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2021
                                ___________
 
 Introduced  by  M. of A. MAMDANI, MITAYNES, FORREST, GALLAGHER, EPSTEIN,
   GOTTFRIED, BURGOS, GONZALEZ-ROJAS, JACKSON, CRUZ, DAVILA -- read  once
   and  referred  to  the  Committee  on  Judiciary -- recommitted to the
   Committee on Judiciary in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the real property law, in relation to prohibiting  land-
   lords,  lessors, sub-lessors and grantors from demanding brokers' fees
   from a tenant
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 1 of section 238-a of the real
 property  law, as amended by chapter 789 of the laws of 2021, is amended
 to read as follows:
   (a) Except in instances where statutes or regulations  provide  for  a
 payment,  fee  or charge, no landlord, lessor, sub-lessor or grantor may
 demand any payment, fee, or charge for the processing, review or accept-
 ance of an application, or demand  any  other  payment,  fee  or  charge
 before  or at the beginning of the tenancy, INCLUDING BUT NOT LIMITED TO
 BROKER'S FEES, except background checks and credit checks as provided by
 paragraph (b) of this subdivision, provided that this subdivision  shall
 not  apply to entrance fees charged by continuing care retirement commu-
 nities licensed pursuant to article  forty-six  or  forty-six-A  of  the
 public  health law, assisted living providers licensed pursuant to arti-
 cle forty-six-B of the public health law, adult care facilities licensed
 pursuant to article seven of the social services law, senior residential
 communities that have submitted an offering plan to the attorney  gener-
 al,  or  not-for-profit  independent  retirement  communities that offer
 personal emergency response, housekeeping, transportation and  meals  to
 their  residents. Nothing in this paragraph shall prohibit a cooperative
 housing  corporation,  other  than  a  cooperative  housing  corporation

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11133-02-2
              

 A. 7934--A                          2
 
 subject  to the provisions of article two, article four, article five or
 article eleven of the private housing finance law, from demanding from a
 prospective tenant any payment, fee or  charge  which  is  necessary  to
 compensate  a  managing  agent and/or transfer agent for the processing,
 review or acceptance of such prospective tenant's application where such
 prospective tenant would become a dwelling unit owner or shareholder  of
 such cooperative housing corporation.
   § 2. This act shall take effect immediately.