Bill Text: NY S04220 | 2019-2020 | General Assembly | Amended

New York Senate Bill 4220 (Prior Session Legislation)

Bill Title: Allows landlords to charge potential tenants application fees no greater than the actual cost of a credit check or related services paid to a third party by the landlord, and in no event shall such fee exceed $30.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S04220 Detail]

Download: New_York-2019-S04220-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         4220--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      March 5, 2019
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the real property law, in relation to fees landlords may
          charge tenants

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

     1    Section 1. The real property law is amended by adding  a  new  section
     2  220-a to read as follows:
     3    § 220-a. Application fees. 1. Wherever used in this section:
     4    a.  "application  fee"  means any application processing fee or credit
     5  check charge or similar charge that a potential tenant must pay or is in
     6  any way requested to pay to a landlord in order  to  be  considered  for
     7  rental  or  lease of any real property or portion thereof used for resi-
     8  dential purposes.
     9    b. "potential tenant" means any person with an intention to  lease  or
    10  rent  any  real  property  or  portion thereof for residential purposes,
    11  excluding potential tenant shareholders of  cooperative  housing  corpo-
    12  rations.
    13    2.  If  a  landlord  or his or her agent charges a potential tenant an
    14  application fee, such application fee may not exceed the actual cost  of
    15  a  credit  check  or  other related services paid for by a landlord to a
    16  third party, provided, however, that the total of such fee or fees shall
    17  not exceed thirty dollars.
    18    3. Where a landlord charges application  fees  in  violation  of  this
    19  section,  a  potential tenant may file a complaint with the commissioner
    20  of the division of housing and community renewal.  Upon a finding by the
    21  commissioner that  a  landlord  has  violated  the  provisions  of  this
    22  section, the commissioner shall impose a fine of one hundred dollars for
    23  a  first or second violation and a fine of two hundred fifty dollars for
    24  a third or any subsequent violation.
    25    § 2. This act shall take effect on the ninetieth day  after  it  shall
    26  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07409-03-9