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A3325Assembly2019-2020 SessionSame asS4220

Cap Rental Application Fees

Official title

“Prohibits landlords from charging potential tenants application fees greater than the actual cost of a credit check or other related services paid by the landlord”

Sponsor Steven CymbrowitzAD-45+1 co-sponsorAffects Legal
Status
In Assembly Committee
Codes
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill limits residential rental application fees to $30 and establishes fines for landlords who violate this cap.

Why it matters

  1. Caps rental application fees at $30. , which can help reduce upfront costs for prospective tenants, making the rental process more accessible—especially important in high-cost housing markets.

  2. Limits landlords to charging only the actual cost of credit checks or related services. , preventing them from profiting off application fees and encouraging greater transparency in the rental process.

  3. Establishes a clear complaint process and escalating fines for violations. , giving tenants a concrete path to seek redress and deterring landlords from overcharging through enforceable penalties.

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Who cares

  • Prospective residential tenants

    The bill would limit application fees to landlords’ actual third-party costs for credit checks or related services, capped at $30 total, and let applicants file complaints over violations.

  • Residential landlords and rental agents

    The bill would restrict application charges, with landlords facing $100 fines for a first or second violation and $250 for each subsequent violation.

  • Division of Housing and Community Renewal

    Its commissioner would receive application-fee complaints, determine whether landlords violated the limits and impose fines.

  • Prospective cooperative tenant-shareholders

    The bill expressly excludes them from its definition of potential tenants, leaving them outside these application-fee protections.

Headline styles

Cap Rental Application Fees

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Steven Cymbrowitz

Assembly Member · Assembly District 45

1 Co-sponsor

History

  1. Referred to codes
  2. Reported referred to rules
  3. Reported referred to codes
  4. Referred to housing

Companion bill

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3325

2019-2020 Regular Sessions

IN ASSEMBLY

January 29, 2019

Introduced by M. of A. CYMBROWITZ, BARRON -- read once and referred to the Committee on Housing

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 Assembly, do enact as follows:

Section 1. The real property law is amended by adding a new section 220-a to read as follows:

§ 220-a. Application fees. 1. Wherever used in this section:

a. "application fee" means any application processing fee or credit check charge or similar charge that a potential tenant must pay or is in any way requested to pay to a landlord in order to be considered for rental or lease of any real property or portion thereof used for residential purposes.

b. "potential tenant" means any person with an intention to lease or rent any real property or portion thereof for residential purposes, excluding potential tenant shareholders of cooperative housing corporations.

2. If a landlord or his or her agent charges a potential tenant an application fee, such application fee may not exceed the actual cost of a credit check or other related services paid for by a landlord to a third party, provided, however, that the total of such fee or fees shall not exceed thirty dollars.

3. Where a landlord charges application fees in violation of this section, a potential tenant may file a complaint with the commissioner of the division of housing and community renewal. Upon a finding by the commissioner that a landlord has violated the provisions of this section, the commissioner shall impose a fine of one hundred dollars for a first or second violation and a fine of two hundred fifty dollars for a third or any subsequent violation.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07409-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.