Senate Bill S10478

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10478
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend  the public housing law and the real property law, in
   relation to including positive rent reporting in the  New  York  state
   low income housing tax credit program and requiring landlords to offer
   tenants the option of positive rental payment information reporting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 25 of the public housing  law,  as
 added  by  section  1  of  part CC of chapter 63 of the laws of 2000, is
 amended to read as follows:
   1. The commissioner shall promulgate rules and  regulations  necessary
 to  administer the provisions of this act. TO THE EXTENT THAT SUCH RULES
 AND REGULATIONS ESTABLISH PROJECT SCORING  AND  RANKING  CRITERIA,  SUCH
 SCORING  AND  RANKING  CRITERIA SHALL INCLUDE THE USE OF POSITIVE RENTAL
 PAYMENT INFORMATION REPORTING, IN ACCORDANCE WITH  SECTION  TWO  HUNDRED
 THIRTY-EIGHT-B OF THE REAL PROPERTY LAW, AS A PREFERENCE UNDER COMMUNITY
 IMPACT/REVITALIZATION IN THE EVALUATION OF PROJECT APPLICATIONS.
   § 2. The real property law is amended by adding a new section 238-b to
 read as follows:
   §  238-B.  POSITIVE RENTAL PAYMENT INFORMATION REPORTING. 1. ANY LAND-
 LORD THAT RECEIVES A LOW INCOME HOUSING TAX CREDIT FOR ONE OR MORE  LOW-
 INCOME BUILDINGS PURSUANT TO ARTICLE TWO-A OF THE PUBLIC HOUSING LAW AND
 OFFERS  A  TENANT  OR  TENANTS  OBLIGATED  ON THE LEASE OF EACH UNIT THE
 OPTION OF HAVING  SUCH  TENANT'S  POSITIVE  RENTAL  PAYMENT  INFORMATION
 REPORTED  TO  AT  LEAST  ONE  NATIONWIDE CONSUMER REPORTING AGENCY SHALL
 FIRST OBTAIN THE AUTHORIZATION OF THE  TENANT  OR  TENANTS.  A  NATIONAL
 CONSUMER  REPORTING  AGENCY SHALL INCLUDE AN AGENCY THAT MEETS THE DEFI-
 NITION IN 15 U.S.C. SECTION 1681A(P) OR  ANY  OTHER  CONSUMER  REPORTING
 AGENCY  THAT MEETS THE DEFINITION IN 15 U.S.C. SECTION 1681A(F), SO LONG
 AS THE CONSUMER REPORTING AGENCY RESELLS OR OTHERWISE  FURNISHES  RENTAL
 PAYMENT INFORMATION TO A NATIONWIDE CONSUMER REPORTING AGENCY THAT MEETS
 THE  DEFINITION  IN  15  U.S.C. SECTION 1681A(P). A TENANT'S ELECTION TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14779-05-6
 S. 10478                            2
 
 HAVE POSITIVE RENTAL PAYMENT INFORMATION REPORTED UNDER THIS SUBDIVISION
 SHALL BE IN WRITING, AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION.
   2.  NOTICE  OF  POSITIVE RENTAL PAYMENT INFORMATION REPORTING SHALL BE
 MADE AT THE TIME OF THE LEASE AGREEMENT AND AT LEAST ONCE ANNUALLY THER-
 EAFTER AND FOR ANY RENEWAL OF SUCH LEASE.
   3. THE NOTICE OF POSITIVE RENTAL PAYMENT INFORMATION  REPORTING  SHALL
 INCLUDE A WRITTEN ELECTION OF SUCH REPORTING THAT CONTAINS:
   (A) A STATEMENT THAT REPORTING OF THE TENANT'S POSITIVE RENTAL PAYMENT
 INFORMATION IS OPTIONAL;
   (B) IDENTIFICATION OF EACH CONSUMER REPORTING AGENCY TO WHICH POSITIVE
 RENTAL PAYMENT INFORMATION WILL BE REPORTED;
   (C)  A  STATEMENT DESCRIBING WHICH POSITIVE RENTAL PAYMENT INFORMATION
 WILL BE REPORTED;
   (D) A STATEMENT  THAT  EACH  CONSUMER  REPORTING  AGENCY  PERMITS  THE
 REPORTING  OF  PAYMENTS  MADE OVER THE PREVIOUS TWENTY-FOUR-MONTH PERIOD
 AND THAT THE TENANT MAY ELECT SUCH OPTION;
   (E) THE AMOUNT OF ANY FEE CHARGED PURSUANT TO SUBDIVISION FIVE OF THIS
 SECTION;
   (F) A STATEMENT THAT THE TENANT MAY OPT INTO POSITIVE  RENTAL  PAYMENT
 INFORMATION  REPORTING  AT  ANY  TIME FOLLOWING THE INITIAL OFFER BY THE
 LANDLORD;
   (G) A STATEMENT THAT THE TENANT MAY  ELECT  TO  STOP  POSITIVE  RENTAL
 PAYMENT  INFORMATION  REPORTING  AT  ANY TIME, BUT THAT THEY WILL NOT BE
 ABLE TO RESUME SUCH REPORTING  FOR  AT  LEAST  SIX  MONTHS  AFTER  THEIR
 ELECTION TO OPT OUT;
   (H)  INSTRUCTIONS  ON  HOW  TO  OPT  OUT  OF REPORTING POSITIVE RENTAL
 PAYMENT INFORMATION; AND
   (I) A SIGNATURE BLOCK THAT THE TENANT SHALL DATE AND SIGN IN ORDER  TO
 ACCEPT THE NOTICE OF POSITIVE RENTAL PAYMENT INFORMATION REPORTING.
   4.  IT  IS  NOT  NECESSARY THAT THE WRITTEN ELECTION TO BEGIN POSITIVE
 RENTAL PAYMENT INFORMATION REPORTING BE ACCEPTED BY THE  TENANT  AT  THE
 TIME  OF THE OFFER. A TENANT MAY SUBMIT THEIR COMPLETED WRITTEN ELECTION
 OF POSITIVE RENTAL PAYMENT INFORMATION REPORTING AT ANY TIME AFTER  THEY
 RECEIVE  THE  OFFER  OF  SUCH  REPORTING FROM THE LANDLORD. A TENANT MAY
 REQUEST AND SHALL OBTAIN ADDITIONAL COPIES OF THE  WRITTEN  ELECTION  OF
 POSITIVE  RENTAL PAYMENT INFORMATION REPORTING FORM FROM THE LANDLORD AT
 ANY TIME.
   5. IF A TENANT ELECTS TO HAVE SUCH TENANT'S  POSITIVE  RENTAL  PAYMENT
 INFORMATION  REPORTED  TO  A CONSUMER REPORTING AGENCY UNDER SUBDIVISION
 ONE OF THIS SECTION, THE LANDLORD MAY REQUIRE THAT TENANT TO PAY  A  FEE
 NOT  TO  EXCEED THE LESSER OF THE ACTUAL COST TO THE LANDLORD TO PROVIDE
 THE SERVICE OR FIVE DOLLARS PER MONTH. THE PAYMENT OR NONPAYMENT OF THIS
 FEE BY THE TENANT SHALL NOT BE REPORTED TO A CONSUMER REPORTING AGENCY.
   6. IF A TENANT FAILS TO PAY ANY FEE REQUIRED BY THE LANDLORD  PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION, ALL OF THE FOLLOWING SHALL APPLY:
   (A)  THE  FAILURE TO PAY THE FEE SHALL NOT BE CAUSE FOR TERMINATION OF
 THE TENANCY;
   (B) THE LANDLORD SHALL NOT DEDUCT THE UNPAID  FEE  FROM  THE  TENANT'S
 SECURITY DEPOSIT; AND
   (C)  IF  THE  FEE REMAINS UNPAID FOR THIRTY DAYS OR MORE, THE LANDLORD
 MAY STOP REPORTING THE TENANT'S POSITIVE RENTAL PAYMENT INFORMATION  AND
 SUCH TENANT SHALL BE UNABLE TO ELECT POSITIVE RENTAL PAYMENT INFORMATION
 REPORTING  AGAIN  FOR  A PERIOD OF SIX MONTHS FROM THE DATE ON WHICH THE
 FEE FIRST BECAME DUE.
   7. A TENANT WHO ELECTS TO HAVE  POSITIVE  RENTAL  PAYMENT  INFORMATION
 REPORTED AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION MAY SUBSEQUENT-
 S. 10478                            3
 
 LY  FILE  A  WRITTEN  REQUEST WITH THEIR LANDLORD TO STOP THAT REPORTING
 WITH WHICH THE LANDLORD SHALL  COMPLY.  A  TENANT  WHO  ELECTS  TO  STOP
 REPORTING SHALL NOT BE ALLOWED TO ELECT POSITIVE RENTAL PAYMENT INFORMA-
 TION  REPORTING  AGAIN FOR A PERIOD OF AT LEAST SIX MONTHS FROM THE DATE
 OF THE TENANT'S WRITTEN REQUEST TO STOP SUCH REPORTING.
   8. A TENANT WHO ELECTS TO HAVE  POSITIVE  RENTAL  PAYMENT  INFORMATION
 REPORTED  DOES  NOT  FORFEIT  ANY RIGHTS UNDER THIS ARTICLE. IF A TENANT
 MAKES DEDUCTIONS FROM RENT OR OTHERWISE WITHHOLDS RENT AS AUTHORIZED  BY
 THOSE  SECTIONS, THE DEDUCTIONS OR WITHHOLDING OF RENT SHALL NOT CONSTI-
 TUTE A LATE RENTAL PAYMENT. A TENANT INVOKING THE RIGHT  TO  REPAIR  AND
 DEDUCT OR WITHHOLD RENT UNDER THOSE SECTIONS SHALL NOTIFY THEIR LANDLORD
 OF  THE  DEDUCTION  OR  WITHHOLDING PRIOR TO THE DATE RENT IS DUE.  THIS
 SUBDIVISION SHALL NOT BE CONSTRUED TO RELIEVE A LANDLORD  OF  THE  OBLI-
 GATION  TO  MAINTAIN  HABITABLE PREMISES PURSUANT TO SECTION TWO HUNDRED
 THIRTY-FIVE-B OF THIS ARTICLE.
   9. (A) FOR THE PURPOSES OF THIS SECTION,  THE  TERM  "POSITIVE  RENTAL
 PAYMENT   INFORMATION"  SHALL  MEAN  INFORMATION  REGARDING  A  TENANT'S
 COMPLETE, TIMELY PAYMENTS OF RENT.
   (B) THE TERM "POSITIVE RENTAL PAYMENT INFORMATION" SHALL  NOT  INCLUDE
 AN INSTANCE IN WHICH A TENANT DID NOT COMPLETELY OR TIMELY MAKE A RENTAL
 PAYMENT.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.