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Senate Bill S8162

2021-2022 Legislative Session

Prohibits certain debt arrears from being reported to consumer reporting agencies

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2021-S8162 (ACTIVE) - Details

See Assembly Version of this Bill:
A9363
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §399-zzzzzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2023-2024: S5071, A3808
2025-2026: S7167, A1654

2021-S8162 (ACTIVE) - Summary

Prohibits reporting debt arrears of an individual which are due to a COVID-19 related hardship to a consumer reporting agency; provides for the removal of such information from an individual's file with such agency.

2021-S8162 (ACTIVE) - Sponsor Memo

2021-S8162 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8162
 
                             I N  S E N A T E
 
                             January 27, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   certain  debt  arrears from being reported to consumer reporting agen-
   cies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-zzzzzz to read as follows:
   § 399-ZZZZZZ. PROHIBITION ON REPORTING OF CERTAIN DEBT ARREARS.  1. NO
 PERSON,  FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL REPORT DEBT
 ARREARS OF AN INDIVIDUAL WHICH ARE DUE TO A COVID-19 RELATED HARDSHIP TO
 A CONSUMER REPORTING AGENCY AS DEFINED IN SECTION THREE HUNDRED EIGHTY-A
 OF THIS CHAPTER.
   2. DEBT ARREARS REPORTED IN VIOLATION OF THE PROVISIONS OF SUBDIVISION
 ONE OF THIS SECTION SHALL BE EXPUNGED  FROM  THE  FILE,  AS  DEFINED  IN
 SECTION  THREE  HUNDRED  EIGHTY-A OF THIS CHAPTER, OF ANY INDIVIDUAL WHO
 FILES A DISPUTE REGARDING SUCH DEBT ARREARS PURSUANT  TO  SECTION  THREE
 HUNDRED EIGHTY-F OF THIS CHAPTER.
   3. AS USED IN THIS SECTION "COVID-19 RELATED HARDSHIP" MEANS:
   (A) A SIGNIFICANT LOSS OF HOUSEHOLD INCOME DURING THE COVID-19 PANDEM-
 IC.
   (B) INCREASE IN NECESSARY OUT-OF-POCKET EXPENSES RELATED TO PERFORMING
 ESSENTIAL  WORK OR RELATED TO HEALTH IMPACTS DURING THE COVID-19 PANDEM-
 IC.
   (C) CHILDCARE RESPONSIBILITIES OR  RESPONSIBILITIES  TO  CARE  FOR  AN
 ELDERLY,  DISABLED,  OR  SICK FAMILY MEMBER DURING THE COVID-19 PANDEMIC
 HAVE NEGATIVELY AFFECTED THE ABILITY OF THE INDIVIDUAL OR THE ABILITY OF
 SOMEONE IN THE HOUSEHOLD OF SUCH INDIVIDUAL TO OBTAIN MEANINGFUL EMPLOY-
 MENT OR EARN INCOME OR INCREASED  SUCH  INDIVIDUAL'S  NECESSARY  OUT-OF-
 POCKET EXPENSES.
   (D)  OTHER  CIRCUMSTANCES  RELATED TO THE COVID-19 PANDEMIC HAVE NEGA-
 TIVELY AFFECTED THE INDIVIDUAL'S ABILITY TO OBTAIN MEANINGFUL EMPLOYMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14489-01-2

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