S T A T E O F N E W Y O R K
________________________________________________________________________
5999
2025-2026 Regular Sessions
I N S E N A T E
March 4, 2025
___________
Introduced by Sen. JACKSON -- 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 real property law, in relation to enacting the New
York state fair tenant credit reporting act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York state fair tenant credit reporting act".
§ 2. Legislative intent. The Legislature finds that tenants are often
subject to negative credit reporting by landlords in ways that may be
unfair or misleading. This act seeks to ensure that negative credit
reporting by landlords can only occur under fair and transparent circum-
stances by prohibiting such reporting until a court has ruled in the
landlord's favor regarding any outstanding rental obligations. Addi-
tionally, this act seeks to prevent unauthorized credit reporting activ-
ities by landlords if they were not properly disclosed at the time of
application.
§ 3. The real property law is amended by adding a new article 6-B to
read as follows:
ARTICLE 6-B
NEW YORK STATE FAIR TENANT CREDIT REPORTING ACT
SECTION 219. FAIR TENANT CREDIT REPORTING.
219-A. ENFORCEMENT AND PENALTIES.
§ 219. FAIR TENANT CREDIT REPORTING. 1. AS USED IN THIS SECTION, THE
TERM "CONSUMER REPORTING AGENCY" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED IN SECTION THREE HUNDRED EIGHTY-A OF THE GENERAL BUSI-
NESS LAW, AND SHALL ADDITIONALLY INCLUDE TENANT SCREENING COMPANIES THAT
ARE AFFILIATED WITH OR SUBSIDIARIES OF A CONSUMER REPORTING AGENCY.
2. A LANDLORD, PROPERTY MANAGER OR AGENT THEREOF SHALL NOT REPORT ANY
UNPAID RENT, FEES, OR OTHER CHARGES OWED BY A TENANT TO A CONSUMER
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09972-02-5
S. 5999 2
REPORTING AGENCY OR A TENANT SCREENING BUREAU AFTER SUCH TENANT HAS
VACATED THE PREMISES UNLESS A FINAL JUDGMENT REGARDING SUCH UNPAID RENT,
FEES, OR OTHER CHARGES HAS BEEN ENTERED IN THE LANDLORD'S FAVOR IN A
COURT OF COMPETENT JURISDICTION. REPORTING SERVICES EXPLICITLY REQUESTED
BY THE TENANT ARE EXEMPT FROM THE PROVISIONS OF THIS SUBDIVISION AND MAY
BE REPORTED UNTIL THE TENANT LEAVES THE PREMISES.
3. A LANDLORD, PROPERTY MANAGER OR AGENT THEREOF SHALL NOT REPORT ANY
INFORMATION TO A CONSUMER REPORTING AGENCY OR TENANT SCREENING BUREAU
REGARDING TENANT AFTER MOVE-IN UNLESS SUCH REPORTING WAS EXPLICITLY
DISCLOSED IN WRITING DURING THE APPLICATION PROCESS AND ACKNOWLEDGED BY
THE TENANT. REPORTING TO A CONSUMER REPORTING AGENCY BY A LANDLORD,
PROPERTY MANAGER OR AGENT THEREOF SHALL NOT USE "VOLUNTARY SURRENDER" AS
A STATUS TO REPORT EARLY LEASE TERMINATIONS.
4. AN AUTHORIZATION FOR TENANT SCREENING MADE BY A PROSPECTIVE TENANT
SHALL NOT BE DEEMED TO AUTHORIZE CREDIT OR OTHER SPECIALTY REPORTING TO
A CONSUMER REPORTING AGENCY OR TENANT SCREENING BUREAU.
§ 219-A. ENFORCEMENT AND PENALTIES. 1. ANY LANDLORD, PROPERTY MANAGER
OR AGENT THEREOF WHO VIOLATES A PROVISION OF THIS ARTICLE SHALL BE
SUBJECT TO A CIVIL PENALTY OF ONE THOUSAND FIVE HUNDRED DOLLARS PER
VIOLATION, AND SHALL BE LIABLE FOR DAMAGES SUSTAINED BY THE TENANT WHO
WAS THE SUBJECT OF THE VIOLATION.
2. A TENANT WHO IS THE SUBJECT OF A VIOLATION OF THE PROVISIONS OF
THIS ARTICLE MAY BRING AN ACTION TO ENJOIN REPORTING OF INFORMATION IN
VIOLATION OF THE PROVISIONS OF THIS SECTION, AN ACTION TO RECOVER
DAMAGES SUFFERED BY REASON OF SUCH VIOLATION, OR BOTH. IN ANY ACTION
BROUGHT UNDER THIS SUBDIVISION, THE COURT MAY AWARD REASONABLE ATTOR-
NEYS' FEES TO A PREVAILING PLAINTIFF.
3. A CONSUMER REPORTING AGENCY OR TENANT SCREENING BUREAU SHALL REMOVE
ANY NEGATIVE REPORTING MADE IN VIOLATION OF THE PROVISIONS OF THIS ARTI-
CLE WITHIN THIRTY DAYS NOTICE OF THE FINDING OF A VIOLATION BY A COURT
IN AN ACTION COMMENCED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
§ 4. This act shall take effect immediately.