The introduction of New York’s Housing Stability and Tenant Protection Act of 2019 (“HSTPA”)-Part A

Yen-Yi Anderson, Managing Partner of Anderson & Associates, founded the law firm in January 2014. Yen-Yi Anderson focuses her practice on excellence in business immigration, commercial law, and civil litigation.

Philipp Kirschbaum is a Law Clerk at Anderson & Associates and a contributing author for the Anderson & Associates blog.

Part A. How it affects the leasing process of rent-stabilized and unregulated units:

Credit and Background Checks

Landlords may only charge a maximum of $20 or the actual cost of the check, whichever is less, for performing a credit and background checks on prospective tenants. Additionally, the landlord must provide the prospective tenant with a copy of the report and a receipt from the credit reporting agency. Alternatively, tenants may provide the landlord with a copy of their credit or background check, conducted within the past 30 days; in this case, the landlord would not be able to charge a fee.

Blacklists

Blacklists were a way for Landlords to identify if a prospective tenant was ever involved in an eviction proceeding or other landlord-tenant action. Information obtained from a blacklist is no longer a valid reason for rejecting a prospective tenant.

Security Deposits

Security deposits are now limited to a maximum of one-month’s rent.

Inspection

After signing the lease but before occupancy begins, the tenant must be offered an opportunity to inspect the unit with the landlord. They must each note the condition of the unit on a signed agreement. This agreement can later be used as evidence if the landlord decides not to return the security deposit due to damage in the unit.