NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1568
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the executive law, in relation to a tenant blacklist
PURPOSE:
This bill prohibits tenant blacklisting, the practice by which landlords
deny housing to potential tenants because the tenant has been involved
in landlord-tenant litigation.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 2 of section 296 of the executive law by
adding a new paragraph (a-1).
Section two amends subdivision 3-b of section 296 of the executive law,
as amended by chapter 106 of the laws of 2003.
Section three amends paragraph (a) of subdivision 5 of section 296 of
the executive law by adding a new subparagraph 1-a.
Section four sets forth the effective date.
JUSTIFICATION:
When tenants are involved in any landlord-tenant action, whether to
assert their own legal rights or for other reasons, they thereafter find
themselves on a blacklist that keeps them from being able to secure
future housing.
The Metropolitan Council on Housing reports that the New York City Hous-
ing Court hears 365,000 cases ever year. Because screening bureaus
report cases up to seven years old, tenant blacklisting affects almost
two million New Yorkers.
Tenant blacklisting becomes an increasingly critical issue when there is
a housing crisis. In New York City, a housing crisis occurs when the
vacancy rate for available housing units drops below 59a; the vacancy
rate in New York was 3.4 in 2006. In a crisis, affordable housing
becomes scarce and blacklisted tenants find it increasingly difficult to
secure such housing. Because of the combined effects of tenant black-
listing and the housing crisis, tenants are often afraid to assert
legitimate legal claims for fear of being blacklisted by the screening
bureaus.
Tenant blacklisting occurs when a tenant screening bureau, including the
widely-used First Advantage SafeRent ("FASR"), purchases electronic data
about landlord-tenant actions from the New York State Office of Court
Administration's ("OCA"). The bureaus then compile the information into
a list that they provide to landlords conducting investigations about
potential tenants. This practice is currently legal because court
records are considered public information. Any tenant who has been
involved in a landlord-tenant action can be named on the screening
bureau's list, regardless of who initiated the action, the cause of the
action, and the outcome. The bureaus issue thousands of reports on
potential tenants every day. These lists become blacklists for those
seeking housing in New York State.
This legislation would address tenant blacklisting by classifying it as
illegal discriminatory behavior. Tenant screening bureaus will be
prohibited from using court records to form a tenant blacklist. Tenants
would no longer fear that asserting their legal right to due process
would land them on a blacklist.
LEGISLATIVE HISTORY:
2023-24: A.3984 - Referred to Housing
2021-22: A.462 - Referred to Housing
2019-20: A.728-A - Referred to Housing; S.4465 - Referred to Investi-
gations and Government Operations
2017-18: A.3827 - Referred to Housing; S.240 - Referred to Investi-
gations and Government Operations
2015-16: A.6I3 - Referred to Housing; S.3560 - Referred to Investi-
gations and Government Operations
2013-14: A.1126 - Referred to Housing; S.1800 - Referred to Investi-
gations and Government Operations
2011-12: A.8605-A - Referred to Housing; S.4463 - Referred to Investi-
gations and Government Operations
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1568
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. ROSENTHAL, DINOWITZ, HEVESI, GLICK, COLTON,
FORREST -- read once and referred to the Committee on Housing
AN ACT to amend the executive law, in relation to a tenant blacklist
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 296 of the executive law is
2 amended by adding a new paragraph (a-1) to read as follows:
3 (a-1) It shall be an unlawful discriminatory practice for the owner,
4 lessee, sublessee, assignee, or managing agent of publicly-assisted
5 housing accommodations or other person having the right of ownership or
6 possession of or the right to rent or lease such accommodations to
7 refuse to sell, rent or lease or otherwise deny or to withhold from any
8 person or group of persons such a housing accommodation on the basis
9 that such person or group of persons were involved in past, ongoing or
10 current landlord-tenant action or summary proceeding emanating from
11 article seven of the real property law, except where the tenant or group
12 of tenants have not satisfied the order.
13 § 2. Subdivision 3-b of section 296 of the executive law, as separate-
14 ly amended by chapters 202 and 748 of the laws of 2022, is amended to
15 read as follows:
16 3-b. It shall be an unlawful discriminatory practice for any real
17 estate broker, real estate salesperson or employee or agent thereof or
18 any other individual, corporation, partnership or organization for the
19 purpose of inducing a real estate transaction from which any such person
20 or any of its stockholders or members may benefit financially, to repre-
21 sent that a change has occurred or will or may occur in the composition
22 with respect to race, creed, color, national origin, citizenship or
23 immigration status, sexual orientation, gender identity or expression,
24 military status, sex, disability, past, ongoing or current landlord-
25 tenant action or summary proceeding emanating from article seven of the
26 real property law, marital status, status as a victim of domestic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04452-01-5
A. 1568 2
1 violence, or familial status of the owners or occupants in the block,
2 neighborhood or area in which the real property is located, and to
3 represent, directly or indirectly, that this change will or may result
4 in undesirable consequences in the block, neighborhood or area in which
5 the real property is located, including but not limited to the lowering
6 of property values, an increase in criminal or anti-social behavior, or
7 a decline in the quality of schools or other facilities.
8 § 3. Paragraph (a) of subdivision 5 of section 296 of the executive
9 law is amended by adding a new subparagraph 1-a to read as follows:
10 (1-a) It shall be an unlawful discriminatory practice for the owner,
11 lessee, sublessee, assignee, or managing agent of, or any other person
12 having the right to sell, rent or lease a housing accommodation,
13 constructed or to be constructed, or any agent or employee thereof, to
14 refuse to sell, rent or lease or otherwise deny or to withhold from any
15 person or group of persons such a housing accommodation on the basis
16 that such person or group of persons were involved in past, ongoing or
17 current landlord-tenant action or summary proceeding emanating from
18 article seven of the real property law, except where the tenant or
19 group of tenants have not satisfied the order.
20 § 4. This act shall take effect immediately.
