S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    559
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, SIMON, JACOBSON
   -- Multi-Sponsored by --  M.  of  A.  ENGLEBRIGHT  --  read  once  and
   referred to the Committee on Consumer Affairs and Protection
 
 AN  ACT  to amend the general business law, in relation to prohibiting a
   consumer reporting agency from reporting certain  adverse  information
   during  the state of emergency caused by the novel coronavirus pandem-
   ic; and providing for the repeal of such  provisions  upon  expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-j of the general business  law  is  amended  by
 adding a new subdivision (i) to read as follows:
   (I)  (1)  NO  CONSUMER  REPORTING  AGENCY SHALL REPORT ANY NEW ADVERSE
 INFORMATION THAT IS A RESULT OF THE NOVEL  CORONAVIRUS PANDEMIC  (COVID-
 19)  IN  A CONSUMER REPORT PERTAINING TO AN AFFECTED PERSON WHO NOTIFIES
 THE AGENCY PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (I)    "AFFECTED  PERSON"  SHALL  MEAN  A RESIDENT OF NEW YORK WHO HAS
 SUFFERED FINANCIAL HARDSHIP AS A RESULT OF THE NOVEL CORONAVIRUS PANDEM-
 IC (COVID-19);
   (II) "THE NOVEL CORONAVIRUS PANDEMIC (COVID-19)" SHALL  REFER  TO  THE
 PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
 TWO  ON  MARCH  SEVENTH,  TWO  THOUSAND  TWENTY AND FOR PURPOSES OF THIS
 SUBDIVISION SHALL INCLUDE A PERIOD OF NINETY DAYS FOLLOWING THE  CONCLU-
 SION OF SUCH STATE OF EMERGENCY;
   (III)  "ADVERSE  INFORMATION THAT IS A RESULT OF THE NOVEL CORONAVIRUS
 PANDEMIC (COVID-19)" SHALL MEAN ANY  ADVERSE  INFORMATION  REGARDING  AN
 AFFECTED  PERSON'S  LATE  PAYMENTS,  DEFAULT, OR NON-PAYMENT OF CONSUMER
 DEBT OR OTHER FINANCIAL OBLIGATIONS, OR A CREDITOR'S EXERCISE  OF  REME-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03448-01-1

 A. 559                              2
 
 DIES  ARISING FROM SUCH LATE PAYMENTS, DEFAULT, OR NON-PAYMENT WHERE THE
 EVENT OCCURS DURING THE NOVEL CORONAVIRUS PANDEMIC (COVID-19).
   (3)  AN  AFFECTED PERSON MAY CONTACT ANY CONSUMER REPORTING AGENCY AND
 REQUEST THAT THE AGENCY DISREGARD ANY  ADVERSE  INFORMATION  THAT  IS  A
 RESULT OF THE NOVEL CORONAVIRUS PANDEMIC (COVID-19). THE AFFECTED PERSON
 SHALL  INCLUDE IN THE REQUEST PROOF OF FINANCIAL HARDSHIP RESULTING FROM
 THE CORONAVIRUS PANDEMIC.
   (4) ANY CONSUMER  REPORTING  AGENCY  THAT  RECEIVES  A  REQUEST  SHALL
 RESPOND  TO THE AFFECTED PERSON AND THE SUPERINTENDENT OF THE DEPARTMENT
 OF FINANCIAL SERVICES WITHIN FIVE DAYS OF RECEIVING THE REQUEST.
   (5) NO CHARGE SHALL BE IMPOSED BY A CONSUMER REPORTING AGENCY PURSUANT
 TO SECTION THREE HUNDRED EIGHTY-D OF THIS ARTICLE WITH  RESPECT  TO  THE
 REQUEST MADE BY A CONSUMER PURSUANT TO THIS SUBDIVISION.
   (6)  THE PROVISIONS OF THIS SUBDIVISION SHALL BE ENFORCED CONCURRENTLY
 BY THE SUPERINTENDENT OF FINANCIAL SERVICES  AND  THE  DIRECTOR  OF  THE
 DIVISION OF CONSUMER PROTECTION.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 7, 2020;  provided
 that  the  provisions  of  this  act shall expire and be deemed repealed
 ninety days after the expiration of  the  declared  state  of  emergency
 relating  to  the  novel  coronavirus (COVID-19); and provided, further,
 that the superintendent of financial services shall notify the  legisla-
 tive  bill  drafting commission upon the occurrence of the expiration of
 the state disaster emergency declared by executive order number 202  and
 any  further amendments or modifications, and as may be further extended
 pursuant to section 28 of the executive law, in order that  the  commis-
 sion  may  maintain  an  accurate  and timely effective data base of the
 official text of the laws of the state of New  York  in  furtherance  of
 effectuating  the  provisions  of  section 44 of the legislative law and
 section 70-b of the public officers law.