NY State Senate Bill 2025-S5999

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2025	referred to housing, construction and community development

2025-S5999 (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Law
Laws Affected:: Add Art 6-B §§219 & 219-a, RP L

2025-S5999 (ACTIVE) - Summary

Enacts the New York state fair tenant credit reporting act to ensure that negative credit reporting by landlords can only occur under fair and transparent circumstances.

2025-S5999 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5999

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the real property law, in relation to enacting the New
York state fair tenant credit reporting act

 
PURPOSE:

This legislation seeks to protect tenants from unfair credit reporting
practices by landlords and tenant screening companies.  It establishes
clear limitations on when and how landlords can report tenant financial
date to consumer reporting agencies and ensures that tenants are not
penalized for circumstances beyond their control.

 
SUMMARY OF PROVISIONS:

Section 1 names the bill the "New York state fair tenant credit report-
ing act."

Section 2 is the legislative intent.

Section 3 amends the real property law by adding a new article 6-B that
prohibits a landlord, property manager or agent from reporting unpaid
rent, fees, or other charges owed by a tenant to a consumer reporting
agency or a tenant screen bureau after such tenant has vacated the prem-
ises or or after the tenant has moved in. It also specifies enforcement
and penalties for violations.

Section 4 is the effective date.

 
JUSTIFICATION:

Tenants are frequently subjected to unfair or misleading negative credit
reporting practices by landlords, often affecting their ability to
secure future housing or financial stability. This bill ensures that
credit reporting is conducted fairly, with appropriate safeguards, and
prohibits misleading practices such as reporting early lease termi-
nations as voluntary surrenders.

By preventing landlords from reporting unpaid rent and related charges
without a court judgment, this legislation balances the rights of prop-
erty owners while protecting tenants from unwarranted financial harm.
Additionally, recognizing tenant screening companies affiliated with
credit reporting agencies as credit reporting entities ensures they are
held to the same legal standards and accountability.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5999 (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S5999

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S5999 (ACTIVE) - Details

2025-S5999 (ACTIVE) - Summary

2025-S5999 (ACTIVE) - Sponsor Memo

2025-S5999 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5999

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Sponsored By

Robert Jackson

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S5999 (ACTIVE) - Details

2025-S5999 (ACTIVE) - Summary

2025-S5999 (ACTIVE) - Sponsor Memo

2025-S5999 (ACTIVE) - Bill Text download pdf

Comments