Assembly Bill A9294

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9294
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 10, 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 the disclosure  of
   tenant  screening  criteria  and grounds for denial of rental applica-
   tions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 238-b to read as follows:
   § 238-B. DISCLOSURE OF  TENANT  SCREENING  CRITERIA  AND  GROUNDS  FOR
 DENIAL OF RENTAL APPLICATIONS. 1. FOR THE PURPOSES OF THIS SECTION:
   (A)  "TENANT  SCREENING CRITERIA" MEANS THE COMPLETE LIST OF OBJECTIVE
 AND SUBJECTIVE FACTORS A LANDLORD USES TO EVALUATE RENTAL  APPLICATIONS.
 THIS  INCLUDES,  BUT  IS NOT LIMITED TO, FINANCIAL HISTORY, CREDIT SCORE
 THRESHOLDS, INCOME REQUIREMENTS, PRIOR EVICTIONS,  CRIMINAL  BACKGROUND,
 REFERENCES, AND COMPLETENESS OR ACCURACY OF THE APPLICATION.
   (B) "LANDLORD" MEANS ANY OWNER, LESSOR, SUBLESSOR, ASSIGNOR, OR MANAG-
 ING  AGENT  OF,  OR ANY OTHER PERSON HAVING THE RIGHT TO RENT OR LEASE A
 HOUSING ACCOMMODATION, OR ANY AGENT OR EMPLOYEE THEREOF.
   2. (A) PRIOR TO ACCEPTING ANY APPLICATION FEE, DEPOSIT,  OR  SCREENING
 INFORMATION  FROM  A PROSPECTIVE TENANT, A LANDLORD SHALL PROVIDE TO THE
 APPLICANT A CLEAR AND  CONSPICUOUS  WRITTEN  DISCLOSURE  OF  THE  TENANT
 SCREENING CRITERIA USED TO EVALUATE RENTAL APPLICATIONS. SUCH DISCLOSURE
 SHALL INCLUDE:
   (I)  A  DETAILED LIST OF THE SCREENING CRITERIA, WHICH MAY INCLUDE BUT
 IS NOT LIMITED TO:
   (A) CREDIT HISTORY AND MINIMUM CREDIT SCORE THRESHOLDS, IF ANY;
   (B) CRIMINAL HISTORY POLICIES;
   (C) PRIOR RENTAL HISTORY, INCLUDING PAST EVICTIONS;
   (D) MINIMUM INCOME REQUIREMENTS;
   (E) REFERENCE REQUIREMENTS; AND/OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13882-01-5
              

 A. 9294                             2
 
   (F)  ANY  POLICY  REGARDING  INCOMPLETE  OR   INACCURATE   APPLICATION
 SUBMISSIONS;
   (II) WHETHER THE LANDLORD WILL OBTAIN A TENANT SCREENING REPORT FROM A
 CONSUMER  REPORTING  AGENCY, AND IF SO, THE NAME AND CONTACT INFORMATION
 OF SUCH AGENCY; AND
   (III) A WRITTEN SUMMARY OF THE APPLICANT'S RIGHTS  UNDER  FEDERAL  AND
 NEW YORK STATE LAW WITH RESPECT TO CONSUMER REPORTS, INCLUDING THE RIGHT
 TO ACCESS AND DISPUTE THE CONTENTS OF SUCH REPORTS.
   (B)  A  LANDLORD  SHALL  NOT  ACCEPT  ANY APPLICATION FEE, DEPOSIT, OR
 COMMENCE ANY EVALUATION OF AN APPLICATION UNTIL THE DISCLOSURE  REQUIRED
 BY THIS SUBDIVISION HAS BEEN PROVIDED.
   3.  (A) THE TENANT SCREENING DISCLOSURE MAY BE INCLUDED IN OR ADJACENT
 TO THE RENTAL APPLICATION FORM,  PROVIDED  IT  IS  CLEARLY  LABELED  AND
 PRESENTED IN BOLD, UNDERLINED, OR OTHERWISE CONSPICUOUS PRINT.
   (B)  THE  APPLICANT  SHALL  SIGN AN ACKNOWLEDGMENT INDICATING THAT THE
 DISCLOSURE WAS MADE AVAILABLE TO THEM PRIOR TO SUBMITTING  ANY  APPLICA-
 TION  MATERIALS OR FEES. SUCH ACKNOWLEDGMENT SHALL INCLUDE THE FOLLOWING
 OR A SUBSTANTIVELY EQUIVALENT STATEMENT:
   "BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU HAVE BEEN  PROVIDED  WITH,
 AND  HAD  THE  OPPORTUNITY  TO  REVIEW,  THE LANDLORD'S TENANT SCREENING
 CRITERIA.  THE TENANT SCREENING CRITERIA MAY  INCLUDE  FACTORS  SUCH  AS
 CREDIT  HISTORY,  CRIMINAL  BACKGROUND, RENTAL HISTORY, INCOME VERIFICA-
 TION, AND THE COMPLETENESS OR ACCURACY OF INFORMATION PROVIDED.  IF  YOU
 DO  NOT  MEET  THESE  CRITERIA,  YOUR APPLICATION MAY BE DENIED AND YOUR
 APPLICATION FEE WILL NOT BE REFUNDED."
   (C) IF THE ACKNOWLEDGMENT IS NOT SIGNED, THERE SHALL BE  A  REBUTTABLE
 PRESUMPTION THAT THE REQUIRED DISCLOSURE WAS NOT PROVIDED.
   4.  (A) IF A LANDLORD REJECTS AN APPLICANT WITHOUT HAVING PROVIDED THE
 DISCLOSURE REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION, SUCH LANDLORD
 SHALL REFUND THE FULL AMOUNT OF  ANY  APPLICATION  FEE  AND  APPLICATION
 DEPOSIT PAID.
   (B)  UPON  WRITTEN REQUEST BY AN APPLICANT, THE LANDLORD SHALL MAIL OR
 OTHERWISE DELIVER THE REFUND TO THE ADDRESS PROVIDED  BY  THE  APPLICANT
 WITHIN FOURTEEN DAYS OF SUCH REQUEST.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.