Tenant blacklists have become a topic of concern for many renters in New York City. These so-called blacklists are not physical lists but are instead the result of tenant screening practices.
Screening bureaus compile public court records, matching cases to the names and addresses of potential tenants. This data, which includes involvement in the New York City Housing Court, is then sold to landlords looking to vet prospective tenants.
However, the information gathered and sold lacks context, such as the nature of the dispute, the outcome, and whether a settlement was reached.
The Housing Stability and Tenant Protection Act of 2019
The Housing Stability and Tenant Protection Act of 2019 was a significant reform aimed at protecting tenants’ rights. Under this act, landlords are prohibited from rejecting rental applicants based solely on their presence in a tenant screening report.
The act establishes a rebuttable presumption of violation if a landlord requests such information and then refuses to rent to the potential tenant. This legislation was designed to prevent discrimination against tenants who have previously exercised their legal rights in housing court.
Legal Implications for Landlords
Landlords who deny housing to a tenant based on their history in housing court records can face fines ranging from $500 to $1,000.
However, the act does not allow for a private cause of action, meaning tenants cannot directly sue landlords for such rejections.
Instead, the New York State Attorney General’s office has the authority to investigate and penalize landlords who violate these provisions.
The prohibition of tenant blacklists in NYC has reshaped the rental landscape. Tenants who have been involved in legal disputes with previous landlords can now seek housing without the fear of being unjustly denied.
Landlords, on the other hand, must adapt their tenant screening processes to comply with the law, ensuring that they do not discriminate against potential renters with a history of housing court involvement.
The issue of tenant blacklists in NYC highlights the balance between protecting tenants’ rights and allowing landlords to make informed rental decisions.
As the real estate market in NYC continues to evolve, both tenants and landlords must stay informed about their rights and responsibilities under the law.
Pro Tip: Understand the role of an Interim Certificate of Occupancy in NYC residential closings with our comprehensive guide, Interim CO for NYC Residential Closings.
Frequently Asked Questions (FAQ) on Tenant Blacklists and the Housing Stability and Tenant Protection Act of 2019
Q: What is the “tenant blacklist” as referenced in the Housing Stability and Tenant Protection Act of 2019?
A: The term “tenant blacklist” refers to the practice of using tenant screening bureaus to evaluate public court records, specifically from New York City Housing Court, for the purpose of vetting potential tenants. These bureaus compile data about individuals who have been involved in housing court disputes, whether as a filer or respondent, and sell this information to landlords. This “blacklist” is not an actual list but a database containing names and related case details, devoid of context like the nature of the dispute or its outcome.
Q: What does the Act say about rejecting rental applicants based on this information?
A: The Housing Stability and Tenant Protection Act of 2019 prohibits landlords from denying rental applications solely based on an applicant’s prior involvement in a landlord-tenant dispute, as recorded in housing court records. The Act establishes a rebuttable presumption of violation if a landlord requests such information from a screening bureau or inspects court records and then refuses to rent to the potential tenant. This legislation aims to protect tenants who have previously exercised their rights in housing disputes.
Q: What are the consequences for landlords who violate this provision of the Act?
A: Landlords found to have rejected or refused to offer a lease to a potential tenant based on housing court information may face a fine ranging from $500 to $1,000. However, the Act does not grant a private cause of action for tenants, meaning they cannot sue the landlord for such rejection. Enforcement is under the purview of the Attorney General, who can investigate and impose fines on violating landlords.
Q: Can tenants sue landlords for rejecting them based on housing court records?
A: No, the Act does not provide a private cause of action for tenants. This means that tenants cannot directly sue landlords for rejecting their rental application based on housing court information. The responsibility for investigating and penalizing landlords for such violations lies with the Attorney General.
Legal Implications for Landlords
