Senate Bill S2783

2023-2024 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 Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2023-S2783 (ACTIVE) - Details

See Assembly Version of this Bill:
A4781
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L
Versions Introduced in 2021-2022 Legislative Session:
S6427, A7934

2023-S2783 (ACTIVE) - Summary

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

2023-S2783 (ACTIVE) - Sponsor Memo

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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Saad_Mirza
5 months ago

I support this bill. Economic activity should be productive. The people who build the house are contributing value. The owner of the property offering it for lease is offering value. The broker does not create or own the house, and with modern technology, landlords and tenants can find eachother and apply for pennies on the dollar. People in our economy should do useful things, not be leaches siphoning value they didn't create.

gino.miglio
5 months ago

Everyone I know who has moved to New York and tried to rent an apartment has been confused and frustrated by the custom of having to pay for a broker hired by the landlord who takes 15% on top of the yearly rent for doing nothing particularly useful. It's about time that we make sure the landlord has a financial incentive to care about the "service" they're getting from these middlemen.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.