Assembly Bill A9112

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9112
 
                        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
 
 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

   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
 A HOUSING ACCOMMODATION, CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY  AGENT
 OR EMPLOYEE THEREOF.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13799-01-5
 A. 9112                             2
              

 
   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. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.