Section 20-807
§ 20-807 Definitions. For purposes of this subchapter, the following
definitions shall apply:
a. "Application information" means all information any prospective
tenant or tenants is/are required to provide in connection with renting
or leasing residential real property, the purpose of which is to gather
information about such prospective tenant or tenants, including, but not
limited to personal information such as names, addresses, contact
information, social security numbers, employment history, rental history
or other information pertinent to entering into a real estate tenancy
agreement.
b. "Consumer reporting agency" means any person who, for monetary
fees, dues, or on a cooperative nonprofit basis, regularly engages in
whole or in part in the practice of assembling or evaluating consumer
credit information or other information on consumers for the purpose of
furnishing consumer reports, tenant screening reports or other
investigative consumer reports to third parties.
c. "Person" means any natural person, firm, partnership, joint
venture, corporation or association.
d. "Tenant screening report" means any written, oral, or other
communication of any information by a consumer reporting agency bearing
on a consumer's credit worthiness, credit standing, credit capacity,
character, general reputation, personal characteristics, history of
contact with any housing, civil or criminal court of any state, or mode
of living, which is used or expected to be used or collected in whole or
part for the purpose of serving as a factor in establishing a consumer's
suitability for housing.
Section 20-808
§ 20-808 Disclosure. a. Any person who requests application information
directly from a prospective tenant or tenants or such tenant(s)' agent
or agents shall disclose to the prospective tenant or tenants the
following:
(i) either:
(1) that the application information provided by the prospective
tenant or tenants may be used to obtain a tenant screening report and
the name and address of the consumer reporting agency or agencies which
will be used to obtain such report, or
(2) that the application information provided will not be used to
obtain a tenant screening report and that the person requesting such
information, and his or her agent(s), do not use tenant screening
reports to determine a prospective tenant or tenants' suitability for
housing; and
(ii) that pursuant to federal and state law:
(1) if the person requesting the information takes adverse action
against a prospective tenant or tenants on the basis of information
contained in a tenant screening report, such person must notify the
tenant that such action was taken and supply the name and address of the
consumer reporting agency that provided the tenant screening report on
the basis of which such action was taken;
(2) any prospective tenant against whom adverse action was taken based
on information contained in a tenant screening report has the right to
inspect and receive a free copy of such report by contacting the
consumer reporting agency;
(3) every tenant or prospective tenant is entitled to one free tenant
screening report from each national consumer reporting agency annually,
in addition to a credit report that should be obtained from
www.annualcreditreport.com ; and
(4) every tenant or prospective tenant may dispute inaccurate or
incorrect information contained in a tenant screening report directly
with the consumer reporting agency.
b. If application information is requested in writing, the statements
required by subdivision a of this section shall be in writing, located
immediately adjacent to where personal information is requested, and set
off in a box and printed in a color that sharply contrasts with the
print surrounding it. If application information is requested orally,
the person requesting such information shall provide written copies of
the statements required by subdivision a of this section.
Section 20-809
§ 20-809 Posting of signs. a. Any person requesting application
information from a prospective tenant or tenants shall post a sign, the
form and manner of which shall be determined by rule of the
commissioner, in any location at which the principal purpose is
conducting business transactions pertaining to the rental of residential
real estate properties. Such sign shall be posted in a location visible
to potential subjects of such reports and shall disclose in conspicuous
size type the name and address of all consumer reporting agencies used.
Such sign shall also contain a statement that consumers are entitled to
one free tenant screening report from each consumer reporting agency
annually and may dispute inaccurate or incorrect information contained
in such tenant screening report directly with the consumer reporting
agency.
b. A person requesting application information who has the right to
rent or lease housing units in one building with five or fewer housing
units that is owned and occupied by such person shall not be required to
post a sign pursuant to subdivision a of this section in such building.
Section 20-810
§ 20-810 Violations. A person violating sections 20-808 or 20-809 of
this subchapter shall be subject to a civil penalty of not less than two
hundred fifty dollars nor more than five hundred dollars for the first
violation. Subsequent violations shall be subject to civil penalties of
not less than five hundred dollars nor more than seven hundred dollars
for each violation.
Section 20-811
§ 20-811 Hearing authority. a. Notwithstanding any other provision of
law, the department shall be authorized, upon due notice and hearing, to
impose civil penalties for the violation of any provision of this
subchapter and any rules promulgated thereunder. The department shall
have the power to render decisions and orders and to impose civil
penalties not to exceed the amounts specified in section 20-810 of this
subchapter for each such violation. All proceedings authorized pursuant
to this section shall be conducted in accordance with rules promulgated
by the commissioner. The penalties provided for in section 20-810 of
this subchapter shall be in addition to any other remedies or penalties
provided for the enforcement of such provisions under any other law
including, but not limited to, civil or criminal actions or proceedings.
b. All proceedings under this subchapter shall be commenced by the
service of a notice of violation returnable to the administrative
tribunal of the department. The commissioner shall prescribe the form
and wording of notices of violation. The notice of violation or copy
thereof when filled in and served shall constitute notice of the
violation charged, and, if sworn to or affirmed, shall be prima facie
evidence of the facts contained therein.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.