Bill Text: NY S08162 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits reporting debt arrears of an individual which are due to a COVID-19 related hardship to a consumer reporting agency; provides for the removal of such information from an individual's file with such agency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-27 - REFERRED TO CONSUMER PROTECTION [S08162 Detail]

Download: New_York-2021-S08162-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8162

                    IN SENATE

                                    January 27, 2022
                                       ___________

        Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN ACT to amend the general business law,  in  relation  to  prohibiting
          certain  debt  arrears from being reported to consumer reporting agen-
          cies

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

     1    Section 1. The general business law is amended by adding a new section
     2  399-zzzzzz to read as follows:
     3    § 399-zzzzzz. Prohibition on reporting of certain debt arrears.  1. No
     4  person,  firm, partnership, association or corporation shall report debt
     5  arrears of an individual which are due to a COVID-19 related hardship to
     6  a consumer reporting agency as defined in section three hundred eighty-a
     7  of this chapter.
     8    2. Debt arrears reported in violation of the provisions of subdivision
     9  one of this section shall be expunged  from  the  file,  as  defined  in
    10  section  three  hundred  eighty-a of this chapter, of any individual who
    11  files a dispute regarding such debt arrears pursuant  to  section  three
    12  hundred eighty-f of this chapter.
    13    3. As used in this section "COVID-19 related hardship" means:
    14    (a) A significant loss of household income during the COVID-19 pandem-
    15  ic.
    16    (b) Increase in necessary out-of-pocket expenses related to performing
    17  essential  work or related to health impacts during the COVID-19 pandem-
    18  ic.
    19    (c) Childcare responsibilities or  responsibilities  to  care  for  an
    20  elderly,  disabled,  or  sick family member during the COVID-19 pandemic
    21  have negatively affected the ability of the individual or the ability of
    22  someone in the household of such individual to obtain meaningful employ-
    23  ment or earn income or increased  such  individual's  necessary  out-of-
    24  pocket expenses.
    25    (d)  Other  circumstances  related to the COVID-19 pandemic have nega-
    26  tively affected the individual's ability to obtain meaningful employment

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14489-01-2
        S. 8162                             2

     1  or earn income or have significantly reduced the individual's  household
     2  income or significantly increased such individual's expenses.
     3    §  2.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.