BILL NO S01563
SAME AS A03966
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.
STATE OF NEW YORK
2015-2016 Regular Sessions
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
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-
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.
S. 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.