Bill Text: NY A06773 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits a landlord, lessor, sub-lessor, rental broker, real estate agent, or apartment rental clearinghouse from requesting from a potential lessee or a consumer reporting agency a consumer report for the purposes of evaluating a rental application; provides penalties for violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to housing [A06773 Detail]

Download: New_York-2023-A06773-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6773

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Housing

        AN ACT to amend the real property law, in relation  to  prohibiting  the
          use of credit checks for prospective tenants

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

     1    Section 1. This act shall be known and  may  be  cited  as  the  "Fair
     2  Chance:  Reforming the Use of Credit Checks in Tenant Screening Act".
     3    § 2. The real property law is amended by adding a new section 227-g to
     4  read as follows:
     5    §  227-g.  Credit  checks in tenant screening. 1. No landlord, lessor,
     6  sub-lessor, rental broker, real estate agent, or apartment rental clear-
     7  inghouse shall request from a potential lessee or a  consumer  reporting
     8  agency  a consumer report for the purposes of evaluating a rental appli-
     9  cation.
    10    2. As used in this section:
    11    (a) "consumer report" means any written, oral, or other  communication
    12  of  any  information by a consumer reporting agency bearing on a consum-
    13  er's credit worthiness, credit  standing,  credit  capacity,  character,
    14  general reputation, personal characteristics, or mode of living which is
    15  used  or  expected  to  be  used  or  collected in whole or part for the
    16  purpose of serving as a factor in establishing the consumer's  eligibil-
    17  ity for (i) credit or insurance to be used primarily for personal, fami-
    18  ly,  or  household  purposes,  (ii)  employment purposes, or (iii) other
    19  purposes authorized under section three hundred eighty-b of the  general
    20  business law; and
    21    (b)  "consumer  reporting  agency"  means any person who, for monetary
    22  fees, dues, or on a cooperative nonprofit basis,  regularly  engages  in
    23  whole  or  in  part in the practice of assembling or evaluating consumer
    24  credit information or other information on consumers for the purpose  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01113-01-3
        A. 6773                             2

     1  furnishing  consumer  reports or investigative consumer reports to third
     2  parties.
     3    3.  Any  individual, firm, or organization that believes from evidence
     4  satisfactory to them that any person, firm, corporation  or  association
     5  or  agent  or employee thereof has violated this section, they may bring
     6  an action or special proceeding in the  supreme  court  for  a  judgment
     7  enjoining  the  continuance  of  such  violation and for a civil penalty
     8  against the respondent in an amount that does not exceed the following:
     9    (a) If the defendant is a natural person, (i)  five  thousand  dollars
    10  for  a  first  violation,  and  (ii)  twenty-five thousand dollars for a
    11  second or subsequent violation.
    12    (b) If the defendant is a corporate entity, (i) fifty thousand dollars
    13  for a first violation and (ii) one hundred fifty thousand dollars for  a
    14  second or subsequent violation.
    15    §  3.  This  act shall take effect on the ninetieth day after it shall
    16  have become a law.