Assembly Bill A6773

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6773
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the real property law, in relation  to  prohibiting  the
   use of credit checks for prospective tenants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and  may  be  cited  as  the  "Fair
 Chance:  Reforming the Use of Credit Checks in Tenant Screening Act".
   § 2. The real property law is amended by adding a new section 227-g to
 read as follows:
   §  227-G.  CREDIT  CHECKS IN TENANT SCREENING. 1. NO LANDLORD, LESSOR,
 SUB-LESSOR, RENTAL BROKER, REAL ESTATE AGENT, OR APARTMENT RENTAL CLEAR-
 INGHOUSE SHALL REQUEST FROM A POTENTIAL LESSEE OR A  CONSUMER  REPORTING
 AGENCY  A CONSUMER REPORT FOR THE PURPOSES OF EVALUATING A RENTAL APPLI-
 CATION.
   2. AS USED IN THIS SECTION:
   (A) "CONSUMER REPORT" MEANS ANY WRITTEN, ORAL, OR OTHER  COMMUNICATION
 OF  ANY  INFORMATION BY A CONSUMER REPORTING AGENCY BEARING ON A CONSUM-
 ER'S CREDIT WORTHINESS, CREDIT  STANDING,  CREDIT  CAPACITY,  CHARACTER,
 GENERAL REPUTATION, PERSONAL CHARACTERISTICS, OR MODE OF LIVING WHICH IS
 USED  OR  EXPECTED  TO  BE  USED  OR  COLLECTED IN WHOLE OR PART FOR THE
 PURPOSE OF SERVING AS A FACTOR IN ESTABLISHING THE CONSUMER'S  ELIGIBIL-
 ITY FOR (I) CREDIT OR INSURANCE TO BE USED PRIMARILY FOR PERSONAL, FAMI-
 LY,  OR  HOUSEHOLD  PURPOSES,  (II)  EMPLOYMENT PURPOSES, OR (III) OTHER
 PURPOSES AUTHORIZED UNDER SECTION THREE HUNDRED EIGHTY-B OF THE  GENERAL
 BUSINESS LAW; AND
   (B)  "CONSUMER  REPORTING  AGENCY"  MEANS ANY PERSON WHO, FOR MONETARY
 FEES, DUES, OR ON A COOPERATIVE NONPROFIT BASIS,  REGULARLY  ENGAGES  IN
 WHOLE  OR  IN  PART IN THE PRACTICE OF ASSEMBLING OR EVALUATING CONSUMER
 CREDIT INFORMATION OR OTHER INFORMATION ON CONSUMERS FOR THE PURPOSE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01113-01-3
 A. 6773                             2
              

 
 FURNISHING  CONSUMER  REPORTS OR INVESTIGATIVE CONSUMER REPORTS TO THIRD
 PARTIES.
   3.  ANY  INDIVIDUAL, FIRM, OR ORGANIZATION THAT BELIEVES FROM EVIDENCE
 SATISFACTORY TO THEM THAT ANY PERSON, FIRM, CORPORATION  OR  ASSOCIATION
 OR  AGENT  OR EMPLOYEE THEREOF HAS VIOLATED THIS SECTION, THEY MAY BRING
 AN ACTION OR SPECIAL PROCEEDING IN THE  SUPREME  COURT  FOR  A  JUDGMENT
 ENJOINING  THE  CONTINUANCE  OF  SUCH  VIOLATION AND FOR A CIVIL PENALTY
 AGAINST THE RESPONDENT IN AN AMOUNT THAT DOES NOT EXCEED THE FOLLOWING:
   (A) IF THE DEFENDANT IS A NATURAL PERSON, (I)  FIVE  THOUSAND  DOLLARS
 FOR  A  FIRST  VIOLATION,  AND  (II)  TWENTY-FIVE THOUSAND DOLLARS FOR A
 SECOND OR SUBSEQUENT VIOLATION.
   (B) IF THE DEFENDANT IS A CORPORATE ENTITY, (I) FIFTY THOUSAND DOLLARS
 FOR A FIRST VIOLATION AND (II) ONE HUNDRED FIFTY THOUSAND DOLLARS FOR  A
 SECOND OR SUBSEQUENT VIOLATION.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.