|SAME AS||No Same As|
|Add S220-a, RP L|
|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.|
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STATE OF NEW YORK ________________________________________________________________________ 1563 2015-2016 Regular Sessions IN SENATE January 13, 2015 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 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 24 protection board. Upon a finding by the board that a landlord has 25 violated the provisions of this section, the board shall impose a fine EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04771-01-5S. 1563 2 1 of one hundred dollars for a first or second violation and a fine of two 2 hundred fifty dollars for a third or any subsequent violation. 3 § 2. This act shall take effect on the ninetieth day after it shall 4 have become a law.