S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2729
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law, in relation  to  requiring  land-
   lords to offer tenants the option of rent reporting
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The real property law is amended by adding  a  new  section
 238-b to read as follows:
   §  238-B.  RENT  REPORTING.  1.  ANY  LANDLORD  WHO OFFERS A TENANT OR
 TENANTS OBLIGATED ON THE LEASE OF EACH UNIT THE OPTION  OF  HAVING  SUCH
 TENANT'S  RENTAL PAYMENT INFORMATION REPORTED TO AT LEAST ONE NATIONWIDE
 CONSUMER REPORTING AGENCY SHALL FIRST OBTAIN THE AUTHORIZATION  OF  SUCH
 TENANT OR TENANTS. A NATIONAL CONSUMER REPORTING AGENCY SHALL INCLUDE AN
 AGENCY  THAT  MEETS  THE DEFINITION IN 15 U.S.C. SECTION 1681A(P) OR ANY
 OTHER CONSUMER REPORTING AGENCY THAT MEETS THE DEFINITION IN  15  U.S.C.
 SECTION  1681A(F),  SO  LONG AS THE CONSUMER REPORTING AGENCY RESELLS OR
 OTHERWISE FURNISHES RENTAL PAYMENT INFORMATION TO A NATIONWIDE  CONSUMER
 REPORTING  AGENCY  THAT  MEETS  THE  DEFINITION  IN  15  U.S.C.  SECTION
 1681A(P). A TENANT'S ELECTION TO HAVE RENT REPORTED UNDER THIS  SUBDIVI-
 SION  SHALL  BE  IN  WRITING,  AS DESCRIBED IN SUBDIVISION THREE OF THIS
 SECTION.
   2. NOTICE OF RENT REPORTING SHALL BE MADE AT THE  TIME  OF  THE  LEASE
 AGREEMENT  AND  AT LEAST ONCE ANNUALLY THEREAFTER AND FOR ANY RENEWAL OF
 SUCH LEASE.
   3. THE NOTICE OF RENT REPORTING SHALL INCLUDE A  WRITTEN  ELECTION  OF
 RENT REPORTING THAT CONTAINS:
   (A) A STATEMENT THAT REPORTING OF THE TENANT'S RENTAL PAYMENT INFORMA-
 TION IS OPTIONAL;
   (B)  IDENTIFICATION  OF EACH CONSUMER REPORTING AGENCY TO WHICH RENTAL
 PAYMENT INFORMATION WILL BE REPORTED;
   (C) A STATEMENT DESCRIBING WHICH RENTAL PAYMENTS WILL BE REPORTED, AND
 WHETHER SUCH PAYMENTS ARE TIMELY, LATE, OR MISSED;
   (D) A STATEMENT THAT EACH  CONSUMER  REPORTING  AGENCY  CONSIDERS  ANY
 RENTAL PAYMENT LATE IF SUCH PAYMENT IS OVERDUE BY THIRTY DAYS;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05007-02-5
 A. 2729                             2
 
   (E)  A  STATEMENT  THAT  EACH  CONSUMER  REPORTING  AGENCY PERMITS THE
 REPORTING OF PAYMENTS MADE OVER THE  PREVIOUS  TWENTY-FOUR-MONTH  PERIOD
 AND THAT THE TENANT MAY ELECT SUCH OPTION;
   (F) THE AMOUNT OF ANY FEE CHARGED PURSUANT TO SUBDIVISION FIVE OF THIS
 SECTION;
   (G)  A  STATEMENT  THAT  THE TENANT MAY OPT INTO RENT REPORTING AT ANY
 TIME FOLLOWING THE INITIAL OFFER BY THE LANDLORD;
   (H) A STATEMENT THAT THE TENANT MAY ELECT TO STOP  RENT  REPORTING  AT
 ANY TIME, BUT THAT THEY WILL NOT BE ABLE TO RESUME RENT REPORTING FOR AT
 LEAST SIX MONTHS AFTER THEIR ELECTION TO OPT OUT;
   (I)  INSTRUCTIONS ON HOW TO OPT OUT OF REPORTING RENTAL PAYMENT INFOR-
 MATION; AND
   (J) A SIGNATURE BLOCK THAT THE TENANT SHALL DATE AND SIGN IN ORDER  TO
 ACCEPT THE NOTICE OF RENT REPORTING.
   4. IT IS NOT NECESSARY THAT THE WRITTEN ELECTION TO BEGIN RENT REPORT-
 ING  BE  ACCEPTED  BY  THE TENANT AT THE TIME OF THE OFFER. A TENANT MAY
 SUBMIT THEIR COMPLETED WRITTEN ELECTION OF RENT REPORTING  AT  ANY  TIME
 AFTER  THEY  RECEIVE  THE  OFFER  OF RENT REPORTING FROM THE LANDLORD. A
 TENANT MAY REQUEST AND SHALL OBTAIN ADDITIONAL  COPIES  OF  THE  WRITTEN
 ELECTION OF RENT REPORTING FORM FROM THE LANDLORD AT ANY TIME.
   5.  IF  A TENANT ELECTS TO HAVE THAT TENANT'S RENTAL PAYMENTS REPORTED
 TO A CONSUMER REPORTING AGENCY UNDER SUBDIVISION ONE  OF  THIS  SECTION,
 THE  LANDLORD  MAY  REQUIRE  THAT  TENANT TO PAY A FEE NOT TO EXCEED THE
 LESSER OF THE ACTUAL COST TO THE LANDLORD TO PROVIDE THE SERVICE OR FIVE
 DOLLARS PER MONTH. THE PAYMENT OR NONPAYMENT OF THIS FEE BY  THE  TENANT
 SHALL NOT BE REPORTED TO A CONSUMER REPORTING AGENCY.
   6.  IF A TENANT FAILS TO PAY ANY FEE REQUIRED BY THE LANDLORD PURSUANT
 TO SUBDIVISION FIVE OF THIS SECTION, ALL OF THE FOLLOWING SHALL APPLY:
   (A) THE FAILURE TO PAY THE FEE SHALL NOT BE CAUSE FOR  TERMINATION  OF
 THE TENANCY;
   (B)  THE  LANDLORD  SHALL  NOT DEDUCT THE UNPAID FEE FROM THE TENANT'S
 SECURITY DEPOSIT; AND
   (C) IF THE FEE REMAINS UNPAID FOR THIRTY DAYS OR  MORE,  THE  LANDLORD
 MAY STOP REPORTING THE TENANT'S RENTAL PAYMENTS AND SUCH TENANT SHALL BE
 UNABLE TO ELECT RENT REPORTING AGAIN FOR A PERIOD OF SIX MONTHS FROM THE
 DATE ON WHICH THE FEE FIRST BECAME DUE.
   7.  A TENANT WHO ELECTS TO HAVE RENT REPORTED AS DESCRIBED IN SUBDIVI-
 SION ONE OF THIS SECTION MAY SUBSEQUENTLY FILE A  WRITTEN  REQUEST  WITH
 THEIR  LANDLORD  TO  STOP  THAT  REPORTING WITH WHICH THE LANDLORD SHALL
 COMPLY. A TENANT WHO ELECTS TO STOP REPORTING SHALL NOT  BE  ALLOWED  TO
 ELECT  RENT REPORTING AGAIN FOR A PERIOD OF AT LEAST SIX MONTHS FROM THE
 DATE OF THE TENANT'S WRITTEN REQUEST TO STOP REPORTING.
   8. A TENANT WHO ELECTS TO HAVE RENT  REPORTED  DOES  NOT  FORFEIT  ANY
 RIGHTS  UNDER  THIS  ARTICLE.  IF A TENANT MAKES DEDUCTIONS FROM RENT OR
 OTHERWISE WITHHOLDS RENT AS AUTHORIZED BY THOSE SECTIONS, THE DEDUCTIONS
 OR WITHHOLDING OF RENT SHALL NOT CONSTITUTE A  LATE  RENTAL  PAYMENT.  A
 TENANT  INVOKING  THE  RIGHT TO REPAIR AND DEDUCT OR WITHHOLD RENT UNDER
 THOSE SECTIONS SHALL NOTIFY THEIR LANDLORD OF THE DEDUCTION OR WITHHOLD-
 ING PRIOR TO THE DATE  RENT  IS  DUE.  THIS  SUBDIVISION  SHALL  NOT  BE
 CONSTRUED  TO RELIEVE A LANDLORD OF THE OBLIGATION TO MAINTAIN HABITABLE
 PREMISES PURSUANT TO SECTION TWO HUNDRED THIRTY-FIVE-B OF THIS ARTICLE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.