Bill Text: NY S00571 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits landlords, lessors, sub-lessors and grantors from demanding brokers' fees from a tenant.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced) 2025-01-08 - REFERRED TO JUDICIARY [S00571 Detail]

Download: New_York-2025-S00571-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           571

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  BRISPORT,  BROUK, CLEARE, GONZALEZ, JACKSON, MAY,
          RIVERA, SALAZAR, SANDERS -- 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 prohibiting land-
          lords, lessors, sub-lessors and grantors from demanding brokers'  fees
          from a tenant

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

     1    Section 1. Paragraph (a) of subdivision 1 of section 238-a of the real
     2  property law, as amended by chapter 789 of the laws of 2021, is  amended
     3  to read as follows:
     4    (a)  Except  in  instances where statutes or regulations provide for a
     5  payment, fee or charge, no landlord, lessor, sub-lessor or  grantor  may
     6  demand any payment, fee, or charge for the processing, review or accept-
     7  ance  of  an  application,  or  demand  any other payment, fee or charge
     8  before or at the beginning of the tenancy, including but not limited  to
     9  broker's fees, except background checks and credit checks as provided by
    10  paragraph  (b) of this subdivision, provided that this subdivision shall
    11  not apply to entrance fees charged by continuing care retirement  commu-
    12  nities  licensed  pursuant  to  article  forty-six or forty-six-A of the
    13  public health law, assisted living providers licensed pursuant to  arti-
    14  cle forty-six-B of the public health law, adult care facilities licensed
    15  pursuant to article seven of the social services law, senior residential
    16  communities  that have submitted an offering plan to the attorney gener-
    17  al, or not-for-profit  independent  retirement  communities  that  offer
    18  personal  emergency  response, housekeeping, transportation and meals to
    19  their residents. Nothing in this paragraph shall prohibit a  cooperative
    20  housing  corporation,  other  than  a  cooperative  housing  corporation
    21  subject to the provisions of article two, article four, article five  or
    22  article eleven of the private housing finance law, from demanding from a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00194-01-5
        S. 571                              2

     1  prospective  tenant  any  payment,  fee  or charge which is necessary to
     2  compensate a managing agent and/or transfer agent  for  the  processing,
     3  review or acceptance of such prospective tenant's application where such
     4  prospective  tenant would become a dwelling unit owner or shareholder of
     5  such cooperative housing corporation.
     6    § 2. This act shall take effect immediately.