S T A T E O F N E W Y O R K
________________________________________________________________________
9294--A
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 -- recommitted to the Committee on Housing in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13882-02-6
A. 9294--A 2
(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
(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.