New York City Council Header
File #: Int 1499-2019    Version: * Name: Provision of tenant screening reports.
Type: Introduction Status: Laid Over in Committee
Committee: Committee on Housing and Buildings
On agenda: 4/9/2019
Enactment date: Law number:
Title: A Local Law to amend administrative code of the city of New York, in relation to the provision of tenant screening reports
Sponsors: Andrew Cohen, Carlina Rivera , Ben Kallos, Keith Powers , Alicka Ampry-Samuel , Farah N. Louis, Antonio Reynoso, Helen K. Rosenthal, Stephen T. Levin, Andy L. King, Justin L. Brannan, The Public Advocate (Mr. Williams)
Council Member Sponsors: 12
Summary: This legislation would prohibit any individual from charging a prospective tenant a fee in order to obtain a tenant screening report when the individual knows the unit is not or will not be vacant for such prospective tenant to lease. This bill would also require such individual to provide an applicant with the tenant screening report as long as the required fee has been paid, regardless of whether or not a lease has been signed. This legislation would also require the Department of Consumer Affairs to conduct a feasibility study on whether the city could establish its own tenant screening report system.
Indexes: Report Required
Attachments: 1. Summary of Int. No. 1499, 2. Int. No. 1499, 3. Hearing Transcript - Stated Meeting 4-9-19, 4. Minutes of the Stated Meeting - April 9, 2019, 5. Committee Report 6/27/19, 6. Hearing Testimony 6/27/19, 7. Hearing Transcript 6/27/19

Int. No. 1499

 

By Council Members Cohen, Rivera, Kallos, Powers, Ampry-Samuel, Louis, Reynoso, Rosenthal, Levin, King, Brannan and the Public Advocate (Mr. Williams)

 

A Local Law to amend administrative code of the city of New York, in relation to the provision of tenant screening reports

 

Be it enacted by the Council as follows:

 

                     Section 1. Subchapter 16 of chapter 5 of title 20 of the administrative code of the city of New York, as added by local law number 2 for the year 2010, is amended to add a new section 20-812 to read as follows:

§ 20-812 Fees prohibited. a. Any person who requests application information for the purposes of obtaining a tenant screening report from a tenant, prospective tenant or agent acting on behalf of such tenant or prospective tenant shall not charge a fee for such information where such person is aware that the dwelling unit for which such application information is requested in connection with is not, or will not be, available for rent at the time that such tenant, prospective tenant or agent acting on behalf of such tenant or prospective tenant seeks to enter into an agreement for the lease of such dwelling unit.

b. If a tenant screening report is issued to a person requesting application information from a tenant, prospective tenant or agent acting on behalf of such tenant or prospective tenant, such person shall provide a copy of such report to such tenant, prospective tenant or agent upon request, regardless of whether such tenant has entered into an agreement for the lease of a dwelling unit.

                     § 2. a. For the purposes of this section, the term “tenant screening report” has the meaning ascribed to it by section 20-807 of the administrative code of the city of New York.

 b. By no later than January 1, 2020, the department of consumer affairs shall prepare and file with the mayor and the council, and post on its website, a report analyzing the cost of the city establishing its own tenant screening report system and the feasibility of implementing such a system.

§ 3. Section 1 of this local law takes effect 120 days after it becomes law, except that the commissioner of consumer affairs may take such measures as are necessary for its implementation, including the promulgation of rules, before such effective date. Section 2 of this local law takes effect immediately.

 

MPC/APB

LS 5684/5935

4/4/19 10:42am