S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4781
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. MAMDANI, BURGOS, CRUZ, DAVILA, EPSTEIN, FORREST,
   GALLAGHER, GONZALEZ-ROJAS, MITAYNES,  L. ROSENTHAL,  JACKSON  --  read
   once and referred 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 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
 article eleven of the private housing finance law, from demanding from a
 prospective  tenant  any  payment,  fee  or charge which is necessary to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03745-01-3
              

 A. 4781                             2
 
 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.