Provides that a landlord shall not request, obtain, or consider a consumer credit report or credit history for a prospective tenant who provides a written self-attestation that they are a victim of domestic violence, and shall not deny an application for rental housing on the basis of credit history when the applicant is a victim of domestic violence.
Summary
This bill amends New York’s Real Property Law to bar landlords from using consumer credit reports or credit history in screening certain rental applicants. The first protected group is people who are verified victims of domestic violence, including survivors of domestic violence, dating violence, sexual assault, or stalking under state or federal definitions. The second protected group is applicants who receive a rental subsidy, including Section 8 and other federal, state, or local housing assistance programs.
For both groups, a landlord would be prohibited from requesting, obtaining, considering, or relying on credit history to deny a rental application. The bill also sets out acceptable proof of eligibility, such as an order of protection, law enforcement or medical documentation, or verification from a qualified third party for domestic violence survivors, and written confirmation from the administering agency for subsidy recipients. Any documentation provided must be kept confidential, and a person harmed by a violation may sue for injunctive relief, actual damages, and attorney’s fees and costs. The act would take effect 90 days after becoming law.
Impact
The bill would add new sections 238-b and 238-c to the Real Property Law, creating statewide limits on tenant screening practices for residential housing accommodations. It would directly affect landlords, property managers, leasing agents, and other housing providers by restricting their ability to use credit checks against protected applicants and by creating a private right of action for enforcement. It would also protect sensitive documentation submitted to prove eligibility by requiring confidentiality.
Sentiment
The bill’s stated purpose and structure reflect a supportive, tenant-protection-oriented approach focused on reducing housing barriers for vulnerable applicants. The caption and findings indicate concern that domestic violence can damage credit and that rental subsidies should not be used as a basis for exclusion. No committee transcript or vote record is available here, so there is no recorded opposition or amendment debate to gauge broader legislative sentiment beyond the bill’s protective intent.
Contention
The main policy tension is between expanding housing access and preserving landlords’ traditional tenant-screening discretion. Potential points of contention include whether banning credit checks for these applicants could increase risk for landlords, how applicants must document domestic violence status without compromising privacy, and whether the subsidy-based exemption is broad enough to cover all relevant assistance programs. Another possible issue is enforcement, since the bill creates a private lawsuit remedy and requires strict confidentiality for sensitive records.
Enacts the safe housing transfer for domestic violence victims act; ensures safe housing transfers for domestic violence victims in public and private housing; requires landlord response within seven days of a relocation request.
Enacts the safe housing transfer for domestic violence victims act; ensures safe housing transfers for domestic violence victims in public and private housing; requires landlord response within seven days of a relocation request.
Requires investigation and autopsy of suspicious deaths where the deceased individual had an identifiable history of being victimized by domestic violence.
Provides additional documentation a tenant may provide to demonstrate that such tenant or a member of such tenant's household has been a victim of domestic violence for purposes of permitting the termination of residential lease by victims of domestic violence.