senate Bill S6427A

2021-2022 Legislative Session

Prohibits landlords, lessors, sub-lessors and grantors from demanding brokers' fees from a tenant

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
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

Co-Sponsors

S6427 - Details

See Assembly Version of this Bill:
A7934
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L

S6427 - Summary

Prohibits landlords, lessors, sub-lessors and grantors from demanding broker's fees from a tenant.

S6427 - Sponsor Memo

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

S6427A (ACTIVE) - Details

See Assembly Version of this Bill:
A7934
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L

S6427A (ACTIVE) - Summary

Prohibits landlords, lessors, sub-lessors and grantors from demanding broker's fees from a tenant.

S6427A (ACTIVE) - Sponsor Memo

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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