| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Aug 29, 2022 |
print number 6427a |
| Aug 29, 2022 |
amend and recommit to judiciary |
| Jan 05, 2022 |
referred to judiciary |
| Apr 28, 2021 |
referred to judiciary |
Senate Bill S6427A
2021-2022 Legislative Session
Sponsored By
(D, WF) 25th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
Actions
Bill Amendments
co-Sponsors
(D, WF) 18th Senate District
2021-S6427 - Details
2021-S6427 - Sponsor Memo
BILL NUMBER: S6427
SPONSOR: BRISPORT
TITLE OF BILL:
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
SUMMARY OF PROVISIONS:
Section one of this bill amends section 238-a of the real property law.
Section two provides that this act shall take effect immediately.
JUSTIFICATION:
This legislation is necessary in order to save the State of New York the
litigation costs that will be necessary to remedy an erroneous interpre-
tation of the Statewide Housing Security and Tenant Protection Act of
2019 by a single court in April 2021.
2021-S6427 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6427
2021-2022 Regular Sessions
I N S E N A T E
April 28, 2021
___________
Introduced by Sen. BRISPORT -- 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 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 added by section 10 of part M of chapter 36 of the laws
of 2019, 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11133-01-1
co-Sponsors
(D, WF) 18th Senate District
2021-S6427A (ACTIVE) - Details
2021-S6427A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6427A
SPONSOR: BRISPORT
TITLE OF BILL:
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
SUMMARY OF PROVISIONS:
Section one of this bill amends section 238-a of the real property law.
Section two of this bill provides that this act shall take effect imme-
diately.
JUSTIFICATION:
This legislation is necessary in order to remedy an erroneous interpre-
tation of the Statewide Housing Security and Tenant Protection Act of
2019 by a single court in April 2021.
2021-S6427A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6427--A
2021-2022 Regular Sessions
I N S E N A T E
April 28, 2021
___________
Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary --
recommitted to the Committee on Judiciary in accordance with Senate
Rule 6, sec. 8 -- 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
subject to the provisions of article two, article four, article five or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11133-03-2
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