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Assembly Bill A2192A

2023-2024 Legislative Session

Prohibits landlords from reporting a late rent payment to a consumer reporting agency

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

2023-A2192 - Details

Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L; amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A10675

2023-A2192 - Summary

Prohibits any lessor or agent of a lessor from reporting to any consumer reporting agency, and prohibits consumer reporting agencies from maintaining such information.

2023-A2192 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2192
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law and the administrative code of the
   city of New York, in relation to prohibiting landlords from  reporting
   a late rent payment to a consumer reporting agency

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 235-e of the real property law is amended by adding
 a new subdivision (e) to read as follows:
   (E) NO LESSOR OR AGENT OF  A  LESSOR  SHALL  REPORT  TO  ANY  CONSUMER
 REPORTING  AGENCY,  AS  DEFINED IN SECTION THREE HUNDRED EIGHTY-A OF THE
 GENERAL BUSINESS LAW, ANY LATE PAYMENT OF RENT.
   § 2. Section 26-412 of the administrative code of the city of New York
 is amended by adding a new subdivision g to read as follows:
   G. IT SHALL BE UNLAWFUL FOR A LANDLORD OR A SUCCESSOR IN  INTEREST  TO
 REPORT TO ANY CONSUMER REPORTING AGENCY, AS DEFINED IN SECTION 20-807 OF
 THIS CODE, ANY LATE PAYMENT OF RENT.
   §  3.  This  act shall take effect immediately, provided, however that
 the amendments to section 26-412 of the city rent and rehabilitation law
 made by section two of this act shall remain in full  force  and  effect
 only  as  long  as the emergency requiring the regulation and control of
 rents and evictions continues, as provided in subdivision 3 of section 1
 of the local emergency housing rent control act.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05854-01-3

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2023-A2192A (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L; amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
A10675

2023-A2192A (ACTIVE) - Summary

Prohibits any lessor or agent of a lessor from reporting to any consumer reporting agency, and prohibits consumer reporting agencies from maintaining such information.

2023-A2192A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2192--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the real property law and the general business law, in
   relation to prohibiting landlords from reporting a late  rent  payment
   to a consumer reporting agency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 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:
   2.  (A)  No  landlord,  lessor,  sub-lessor  or grantor may demand any
 payment, fee, or charge for the late payment of rent unless the  payment
 of  rent  has not been made within five days of the date it was due, and
 such payment, fee, or charge shall not  exceed  fifty  dollars  or  five
 percent  of  the monthly rent, whichever is less; provided a cooperative
 housing  corporation,  other  than  a  cooperative  housing  corporation
 subject  to the provisions of article two, article four, article five or
 article eleven of the private housing finance law, shall be permitted to
 charge a tenant that is a dwelling unit owner  or  shareholder  of  such
 cooperative  housing  corporation  a  fee  of up to eight percent of the
 monthly maintenance fee for the late payment of the monthly  maintenance
 fee  if  the  proprietary lease or occupancy agreement provides for such
 fee.
   (B) NO LESSOR OR AGENT OF  A  LESSOR  SHALL  REPORT  TO  ANY  CONSUMER
 REPORTING  AGENCY,  AS  DEFINED IN SECTION THREE HUNDRED EIGHTY-A OF THE
 GENERAL BUSINESS LAW, ANY LATE PAYMENT OF RENT.
   § 2.  Subparagraphs (vii) and (viii) of paragraph 1 of subdivision (f)
 of section 380-j of the general business law, as added by chapter 867 of
 the laws of 1977, are amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05854-02-3
 A. 2192--A                          2

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