Senate Bill S10343

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10343
 
                             I N  S E N A T E
 
                               May 14, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 the disclosure  of
   tenant screening criteria
 
   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. 1. FOR THE PURPOSES
 OF THIS SECTION:
   (A) "TENANT SCREENING CRITERIA" SHALL MEAN THE COMPLETE LIST OF OBJEC-
 TIVE AND SUBJECTIVE FACTORS A LANDLORD USES TO EVALUATE RENTAL  APPLICA-
 TIONS.  THIS  INCLUDES, BUT IS NOT LIMITED TO, FINANCIAL HISTORY, CREDIT
 SCORE THRESHOLDS, INCOME REQUIREMENTS, CRIMINAL BACKGROUND,  REFERENCES,
 AND COMPLETENESS OR ACCURACY OF THE APPLICATION.
   (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, OR ANY AGENT OR EMPLOYEE THEREOF.
   2. (A) PRIOR TO ACCEPTING ANY PAYMENT, FEE OR CHARGE FOR THE  PROCESS-
 ING,  REVIEW OR ACCEPTANCE OF AN APPLICATION PURSUANT TO SUBDIVISION ONE
 OF SECTION TWO HUNDRED  THIRTY-EIGHT-A  OF  THIS  ARTICLE  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, TO THE EXTENT PERMITTED  UNDER  SECTION  TWO
 HUNDRED TWENTY-SEVEN-F OF THIS ARTICLE;
   (D) MINIMUM INCOME REQUIREMENTS, TO THE EXTENT PERMITTED UNDER SECTION
 TWO HUNDRED NINETY-SIX OF THE EXECUTIVE LAW;
   (E) REFERENCE REQUIREMENTS; AND/OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13882-03-6
 S. 10343                            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  THE  FEDERAL
 FAIR  CREDIT  REPORTING  ACT  (15 U.S.C. SECT. 1681 ET SEQ.) AND ARTICLE
 TWENTY-FIVE OF  THE  GENERAL  BUSINESS  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 PAYMENT, FEE  OR  CHARGE  FOR  THE
 PROCESSING,  REVIEW OR ACCEPTANCE OF AN APPLICATION PURSUANT TO SUBDIVI-
 SION ONE OF SECTION  TWO  HUNDRED  THIRTY-EIGHT-A  OF  THIS  ARTICLE  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 PAYMENT, FEE OR CHARGE FOR THE PROC-
 ESSING,  REVIEW  OR ACCEPTANCE OF AN APPLICATION PURSUANT TO SUBDIVISION
 ONE OF SECTION TWO HUNDRED THIRTY-EIGHT-A OF THIS ARTICLE.
   (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.