Assembly Bill A9363

2021-2022 Legislative Session

Prohibits certain debt arrears from being reported to consumer reporting agencies

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A9363 (ACTIVE) - Details

See Senate Version of this Bill:
S8162
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §399-zzzzzz, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
A3808, S5071

2021-A9363 (ACTIVE) - Summary

Prohibits reporting debt arrears of an individual which are due to a COVID-19 related hardship to a consumer reporting agency; provides for the removal of such information from an individual's file with such agency.

2021-A9363 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9363
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced by M. of A. TAYLOR -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   certain debt arrears from being reported to consumer  reporting  agen-
   cies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 399-zzzzzz to read as follows:
   § 399-ZZZZZZ. PROHIBITION ON REPORTING OF CERTAIN DEBT ARREARS.  1. NO
 PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHALL REPORT  DEBT
 ARREARS OF AN INDIVIDUAL WHICH ARE DUE TO A COVID-19 RELATED HARDSHIP TO
 A CONSUMER REPORTING AGENCY AS DEFINED IN SECTION THREE HUNDRED EIGHTY-A
 OF THIS CHAPTER.
   2. DEBT ARREARS REPORTED IN VIOLATION OF THE PROVISIONS OF SUBDIVISION
 ONE  OF  THIS  SECTION  SHALL  BE  EXPUNGED FROM THE FILE, AS DEFINED IN
 SECTION THREE HUNDRED EIGHTY-A OF THIS CHAPTER, OF  ANY  INDIVIDUAL  WHO
 FILES  A  DISPUTE  REGARDING SUCH DEBT ARREARS PURSUANT TO SECTION THREE
 HUNDRED EIGHTY-F OF THIS CHAPTER.
   3. AS USED IN THIS SECTION "COVID-19 RELATED HARDSHIP" MEANS:
   (A) A SIGNIFICANT LOSS OF HOUSEHOLD INCOME DURING THE COVID-19 PANDEM-
 IC.
   (B) INCREASE IN NECESSARY OUT-OF-POCKET EXPENSES RELATED TO PERFORMING
 ESSENTIAL WORK OR RELATED TO HEALTH IMPACTS DURING THE COVID-19  PANDEM-
 IC.
   (C)  CHILDCARE  RESPONSIBILITIES  OR  RESPONSIBILITIES  TO CARE FOR AN
 ELDERLY, DISABLED, OR SICK FAMILY MEMBER DURING  THE  COVID-19  PANDEMIC
 HAVE NEGATIVELY AFFECTED THE ABILITY OF THE INDIVIDUAL OR THE ABILITY OF
 SOMEONE IN THE HOUSEHOLD OF SUCH INDIVIDUAL TO OBTAIN MEANINGFUL EMPLOY-
 MENT  OR  EARN  INCOME  OR INCREASED SUCH INDIVIDUAL'S NECESSARY OUT-OF-
 POCKET EXPENSES.
   (D) OTHER CIRCUMSTANCES RELATED TO THE COVID-19  PANDEMIC  HAVE  NEGA-
 TIVELY AFFECTED THE INDIVIDUAL'S ABILITY TO OBTAIN MEANINGFUL EMPLOYMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14489-01-2
              

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