New York A 5245: Prohibits the use of credit checks for prospective tenants

Bill Text

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A05245 Summary:

BILL NOA05245 

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SAME ASNo Same As

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SPONSORSolages

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COSPNSR

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MLTSPNSR

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Add §227-g, RP L

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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.

Go to top A05245 Actions:

BILL NOA05245 

&nbsp

02/12/2025referred to housing

01/07/2026referred to housing

Go to topA05245 Committee&nbspVotes:

Go to topA05245 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05245 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5245

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 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.
 LBD09152-01-5

 A. 5245 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.

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