Assembly Bill A9112A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9112--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 26, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- 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, in relation  to  prohibiting  the
   use  of  credit history in the tenant screening process for applicants
   who are survivors of domestic violence or recipients of rental  subsi-
   dies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. The legislature finds that
 survivors of domestic violence often experience financial abuse that can
 damage their credit histories and limit their ability to obtain safe and
 stable housing. Financial control, coerced debt, and economic  isolation
 are common tools of abuse. It is the intent of the legislature to reduce
 barriers to housing by preventing the use of credit history as a screen-
 ing  tool  when  a  housing applicant is a verified survivor of domestic
 violence, as defined by existing state and federal law.
   § 2. The real property law is amended by adding a new section 238-b to
 read as follows:
   § 238-B. PROHIBITION ON USE OF CREDIT HISTORY FOR CERTAIN SURVIVORS OF
 DOMESTIC VIOLENCE. 1. FOR THE PURPOSES OF THIS  SECTION,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "VICTIM OF DOMESTIC VIOLENCE" SHALL MEAN:
   (I)  A  VICTIM OF DOMESTIC VIOLENCE AS SUCH TERM IS DEFINED IN SECTION
 FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW; OR
   (II) A PERSON WHO IS A VICTIM OF DOMESTIC VIOLENCE,  DATING  VIOLENCE,
 SEXUAL  ASSAULT,  OR  STALKING, AS SUCH TERMS ARE DEFINED IN THE FEDERAL
 VIOLENCE AGAINST WOMEN ACT, 34 U.S.C. 12291(A).
   (B) "LANDLORD" SHALL MEAN ANY OWNER, LESSOR, SUBLESSOR,  ASSIGNOR,  OR
 MANAGING AGENT OF, OR ANY OTHER PERSON HAVING THE RIGHT TO RENT OR LEASE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13799-02-5
 A. 9112--A                          2
              

 
 A  HOUSING ACCOMMODATION, CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY AGENT
 OR EMPLOYEE THEREOF.
   2. THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL RESIDENTIAL HOUS-
 ING  ACCOMMODATIONS  OFFERED  FOR  RENT OR LEASE WITHIN THE STATE OF NEW
 YORK.
   3. A LANDLORD SHALL NOT:
   (A) REQUIRE, REQUEST, OBTAIN, OR CONSIDER A CONSUMER CREDIT REPORT  OR
 CREDIT  HISTORY  FOR  ANY  PROSPECTIVE TENANT WHO PROVIDES DOCUMENTATION
 INDICATING THAT THEY ARE A VICTIM OF DOMESTIC VIOLENCE; OR
   (B) DENY AN APPLICATION FOR RENTAL HOUSING  ON  THE  BASIS  OF  CREDIT
 HISTORY WHEN THE APPLICANT IS A VICTIM OF DOMESTIC VIOLENCE.
   4.  TO  DEMONSTRATE  ELIGIBILITY  UNDER THIS SECTION, AN APPLICANT MAY
 PROVIDE ONE OR MORE OF THE FOLLOWING FORMS OF DOCUMENTATION:
   (A) A TEMPORARY OR FINAL ORDER OF PROTECTION  ISSUED  BY  A  COURT  OF
 COMPETENT JURISDICTION;
   (B) A RECORD, COMPLAINT, OR REPORT FROM A FEDERAL, STATE, OR LOCAL LAW
 ENFORCEMENT  AGENCY  OF  AN  ACT  OF  DOMESTIC  VIOLENCE AS DESCRIBED IN
 SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW OR A FAMILY
 OFFENSE AS DESCRIBED IN SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT
 ACT, OR CERTIFYING THAT THE APPLICANT OR A  MEMBER  OF  THE  APPLICANT'S
 FAMILY HAS BEEN SUBJECTED TO DOMESTIC VIOLENCE;
   (C)  A  RECORD  FROM  A  HEALTH CARE PROVIDER FOR TREATMENT RELATED TO
 DOMESTIC VIOLENCE AS DESCRIBED IN SECTION FOUR HUNDRED  FIFTY-NINE-A  OF
 THE  SOCIAL  SERVICES  LAW  OR  A FAMILY OFFENSE AS DESCRIBED IN SECTION
 EIGHT HUNDRED TWELVE OF THE FAMILY COURT ACT; AND/OR
   (D) A WRITTEN VERIFICATION  FROM  ANY  OTHER  QUALIFIED  THIRD  PARTY,
 INCLUDING  BUT  NOT LIMITED TO A LICENSED MEDICAL PROFESSIONAL, LICENSED
 MENTAL HEALTH CARE PROVIDER, DOMESTIC VIOLENCE COUNSELOR,  VICTIM  ADVO-
 CATE,  ATTORNEY,  OR EMPLOYEE OF A VICTIM SERVICES ORGANIZATION, TO WHOM
 THE APPLICANT OR A MEMBER OF  THE  APPLICANT'S  HOUSEHOLD  REPORTED  THE
 DOMESTIC VIOLENCE.
   5.  ANY  DOCUMENTATION  SUBMITTED  PURSUANT  TO THE PROVISIONS OF THIS
 SECTION SHALL BE KEPT STRICTLY CONFIDENTIAL AND SHALL NOT  BE  DISCLOSED
 TO ANY THIRD PARTY.
   6. A PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING A CIVIL
 ACTION IN A COURT OF COMPETENT JURISDICTION FOR:
   (A) INJUNCTIVE RELIEF;
   (B) ACTUAL DAMAGES; AND
   (C) REASONABLE ATTORNEY'S FEES AND COSTS.
   § 3. The real property law is amended by adding a new section 238-c to
 read as follows:
   § 238-C. PROHIBITION ON USE OF CREDIT HISTORY FOR RECIPIENTS OF RENTAL
 SUBSIDIES.  1.  FOR  THE  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "RENTAL SUBSIDY" SHALL MEAN ANY HOUSING ASSISTANCE PROVIDED  BY  A
 FEDERAL, STATE, OR LOCAL PROGRAM, INCLUDING BUT NOT LIMITED TO THE HOUS-
 ING  CHOICE VOUCHER PROGRAM UNDER SECTION 8 OF THE UNITED STATES HOUSING
 ACT OF 1937, AS AMENDED, THE  NEW  YORK  CITY  FAMILY  HOMELESSNESS  AND
 EVICTION  PREVENTION  SUPPLEMENT, THE NEW YORK STATE FAMILY HOMELESSNESS
 AND EVICTION PREVENTION SUPPLEMENT PROGRAM, OR ANY  OTHER  RENT  SUBSIDY
 PROGRAM DESIGNED TO ASSIST LOW-INCOME INDIVIDUALS OR FAMILIES IN OBTAIN-
 ING OR MAINTAINING HOUSING.
   (B)  "LANDLORD" SHALL HAVE THE SAME MEANING AS PROVIDED IN SECTION TWO
 HUNDRED THIRTY-EIGHT-B OF THIS ARTICLE.
   2. A LANDLORD SHALL NOT:
 A. 9112--A                          3
 
   (A) REQUIRE, REQUEST, OBTAIN, OR CONSIDER A CONSUMER CREDIT REPORT  OR
 CREDIT  HISTORY  FOR  ANY  PROSPECTIVE TENANT WHO PROVIDES DOCUMENTATION
 DEMONSTRATING THAT THEY ARE THE RECIPIENT OF A RENTAL SUBSIDY; OR
   (B)  DENY  AN  APPLICATION  FOR  RENTAL HOUSING ON THE BASIS OF CREDIT
 HISTORY WHEN THE APPLICANT RECEIVES A RENTAL SUBSIDY.
   3. AN APPLICANT MAY DEMONSTRATE  ELIGIBILITY  UNDER  THIS  SECTION  BY
 PROVIDING  WRITTEN  DOCUMENTATION  ISSUED BY THE ADMINISTERING AGENCY OR
 ENTITY CONFIRMING ISSUANCE TO SUCH APPLICANT OF A RENTAL SUBSIDY.
   4. ANY DOCUMENTATION SUBMITTED PURSUANT  TO  THE  PROVISIONS  OF  THIS
 SECTION  SHALL  BE KEPT STRICTLY CONFIDENTIAL AND SHALL NOT BE DISCLOSED
 TO ANY THIRD PARTY.
   5. A PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING A CIVIL
 ACTION IN A COURT OF COMPETENT JURISDICTION FOR:
   (A) INJUNCTIVE RELIEF;
   (B) ACTUAL DAMAGES; AND
   (C) REASONABLE ATTORNEY'S FEES AND COSTS.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.