Int. No. 1048
By Council Member Rivera
A Local Law to amend the administrative code of the city of New York, in relation to requiring landlords of housing accommodations controlled, subsidized or both by the department of housing preservation and development to report rental payment data to consumer reporting agencies upon tenant request
Be it enacted by the Council as follows:
Section 1. Title 26 of the administrative code of the city of New York is amended by adding a new chapter 14 to read as follows:
CHAPTER 14
RENT REPORTING
§ 26-1401 Rent reporting. a. Definitions. For purposes of this chapter, the following terms have the following meanings:
Consumer reporting agency. The term “consumer reporting agency” has the same meaning as is set forth in subsection (f) of section 1681a of title 15 of the United States code.
Department. The term “department” means the department of housing preservation and development.
Landlord. The term “landlord” means an owner, lessor, sublessor, assignee or other person receiving or entitled to receive rent for the use or occupancy of any housing accommodation controlled, subsidized or both by the department, or an agent of any of the foregoing.
Nationwide consumer reporting agency. The term “nationwide consumer reporting agency” means a consumer reporting agency that provides consumer credit reports nationwide and that receives rental payment data from rent reporting services.
Tenant. The term “tenant” means a tenant, subtenant, lessee, sublessee or other person entitled to the possession or to the use or occupancy of a housing accommodation controlled, subsidized or both by the department.
b. At the time of a tenant lease signing, the landlord shall offer the tenant the option to have such landlord report such tenant’s future rental payment data in connection with such landlord, including but not limited to the name of the tenant, name of the entity to whom the tenant pays rent, rental payments and start and end dates of the lease, to all nationwide consumer reporting agencies that the department has listed by rule.
c. Upon such tenant choosing to have such landlord report future rental payment data, such landlord shall report such tenant’s rental payment data in connection with such landlord from that point forward to all nationwide consumer reporting agencies that the department has listed by rule.
d. The department shall promulgate, and update as necessary, a rule listing all nationwide consumer reporting agencies.
e. Every landlord that violates subdivisions b or c of this section shall be liable for a civil penalty of $75 for each violation, provided that violations of subdivisions b and c of this section are considered separate violations.
§ 2. This local law takes effect 120 days after it becomes law, except that the department of housing preservation and development shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.
JJ
LS #5950
04/30/2018 1:51PM