Bill Text: NY S06427 | 2021-2022 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-08-29 - PRINT NUMBER 6427A [S06427 Detail]

Download: New_York-2021-S06427-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6427--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 28, 2021
                                       ___________

        Introduced by Sens. BRISPORT, SALAZAR -- read twice and ordered printed,
          and  when  printed  to  be  committed to the Committee on Judiciary --
          recommitted to the Committee on Judiciary in  accordance  with  Senate
          Rule  6,  sec.  8  --  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
    21  subject  to the provisions of article two, article four, article five or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11133-03-2
        S. 6427--A                          2

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