Bill Text: NY A01683 | 2009-2010 | General Assembly | Amended

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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) 2010-01-06 - referred to real property taxation [A01683 Detail]

Download: New_York-2009-A01683-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1683--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on  Real  Property  Taxation  --  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    S 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    C. "LANDLORD" MEANS ANY OWNER, MANAGING AGENT OR PRIME LESSOR OF  REAL
   14  PROPERTY  OR  ANY  REAL ESTATE BROKER, PROVIDED, THAT THIS SECTION SHALL
   15  NOT LIMIT THE FEE THAT CAN BE LAWFULLY CHARGED BY  SUCH  BROKER  IF  THE
   16  POTENTIAL TENANT ENTERS INTO A LEASE OR OCCUPIES REAL PROPERTY FOR RESI-
   17  DENTIAL PURPOSES AS A RESULT OF THE BROKER'S SERVICES.
   18    2.  A  LANDLORD MAY CHARGE A POTENTIAL TENANT AN APPLICATION FEE EQUAL
   19  TO THE ACTUAL COST OF A CREDIT CHECK OR OTHER RELATED SERVICES PAID  FOR
   20  BY  A  LANDLORD  TO  A THIRD PARTY, PROVIDED, HOWEVER, THAT THE TOTAL OF
   21  SUCH FEE OR FEES SHALL NOT EXCEED THIRTY DOLLARS.
   22    3. WHERE A LANDLORD CHARGES APPLICATION  FEES  IN  VIOLATION  OF  THIS
   23  SECTION,  A  POTENTIAL  TENANT  MAY  FILE  A COMPLAINT WITH THE CONSUMER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00153-03-9
       A. 1683--A                          2
    1  PROTECTION BOARD. UPON A FINDING  BY  THE  BOARD  THAT  A  LANDLORD  HAS
    2  VIOLATED  THE  PROVISIONS OF THIS SECTION, THE BOARD SHALL IMPOSE A FINE
    3  OF ONE HUNDRED DOLLARS FOR A FIRST OR SECOND VIOLATION AND A FINE OF TWO
    4  HUNDRED FIFTY DOLLARS FOR A THIRD OR ANY SUBSEQUENT VIOLATION.
    5    S  2.  This  act shall take effect on the ninetieth day after it shall
    6  have become a law.