Bill Text: NY A07934 | 2021-2022 | General Assembly | Amended

New York Assembly Bill 7934 (Prior Session Legislation)

Bill Title: Prohibits landlords, lessors, sub-lessors and grantors from demanding broker's fees from a tenant.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2022-06-03 - ordered to third reading rules cal.696 [A07934 Detail]

Download: New_York-2021-A07934-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                         7934--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 1, 2021
                                       ___________

        Introduced  by  M. of A. MAMDANI, MITAYNES, FORREST, GALLAGHER, EPSTEIN,
          GOTTFRIED, BURGOS, GONZALEZ-ROJAS, JACKSON, CRUZ, DAVILA -- read  once
          and  referred  to  the  Committee  on  Judiciary -- recommitted to the
          Committee on Judiciary 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 prohibiting  land-
          lords,  lessors, sub-lessors and grantors from demanding brokers' fees
          from a tenant

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision 1 of section 238-a of the real
     2  property  law, as amended by chapter 789 of the laws of 2021, is amended
     3  to read as follows:
     4    (a) Except in instances where statutes or regulations  provide  for  a
     5  payment,  fee  or charge, no landlord, lessor, sub-lessor or grantor may
     6  demand any payment, fee, or charge for the processing, review or accept-
     7  ance of an application, or demand  any  other  payment,  fee  or  charge
     8  before  or at the beginning of the tenancy, including but not limited to
     9  broker's fees, except background checks and credit checks as provided by
    10  paragraph (b) of this subdivision, provided that this subdivision  shall
    11  not  apply to entrance fees charged by continuing care retirement commu-
    12  nities licensed pursuant to article  forty-six  or  forty-six-A  of  the
    13  public  health law, assisted living providers licensed pursuant to arti-
    14  cle forty-six-B of the public health law, adult care facilities licensed
    15  pursuant to article seven of the social services law, senior residential
    16  communities that have submitted an offering plan to the attorney  gener-
    17  al,  or  not-for-profit  independent  retirement  communities that offer
    18  personal emergency response, housekeeping, transportation and  meals  to
    19  their  residents. Nothing in this paragraph shall prohibit a cooperative
    20  housing  corporation,  other  than  a  cooperative  housing  corporation

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11133-02-2

        A. 7934--A                          2

     1  subject  to the provisions of article two, article four, article five or
     2  article eleven of the private housing finance law, from demanding from a
     3  prospective tenant any payment, fee or  charge  which  is  necessary  to
     4  compensate  a  managing  agent and/or transfer agent for the processing,
     5  review or acceptance of such prospective tenant's application where such
     6  prospective tenant would become a dwelling unit owner or shareholder  of
     7  such cooperative housing corporation.
     8    § 2. This act shall take effect immediately.