Assembly Actions -
Senate Actions - UPPERCASE
|Jan 24, 2023||
referred to judiciary
Senate Bill S2783
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S2783 (ACTIVE) - Details
2023-S2783 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2783 SPONSOR: BRISPORT TITLE OF BILL: 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 SUMMARY OF PROVISIONS: Section one of this bill amends section 238-a of the real property law. Section two of this bill provides that this act shall take effect imme- diately. JUSTIFICATION: This legislation is necessary in order to remedy an erroneous interpre- tation of the Statewide Housing Security and Tenant Protection Act of 2019 (HSTPA) by a single court in April 2021.
2023-S2783 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2783 2023-2024 Regular Sessions I N S E N A T E January 24, 2023 ___________ Introduced by Sens. BRISPORT, SALAZAR -- 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 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 compensate a managing agent and/or transfer agent for the processing, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03745-01-3
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