New York credit and background check actual fees

New York credit and background check actual fees

Rental Property Investor · White Plains, NY · Member since 2018 · 348 posts · 86 votes

We use a third party to run the credit and application fees. They charge $29.95 for both. We do not collect the money, the third party does. One potential tenant just callled and said we are not allowed to charge $29.95, only $20.00. One, we do not collect the money or even run the report, a third party company does. Two, how is anyone supposed to run a credit and background check for $20.00 in New York State? We do not charge any fees whatsoever, the third party company charges access to the reports. Are we supposed to eat the $9.95 loss each time? This is crazy.

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  • Tim BurkePro Member
    Rental Property Investor · Ithaca(ish), NY · Member since 2016 · 30 posts · 23 votes
    6y

    The relevant text from the law is:

    Do not take the following as legal guidance obviously, as I am not an attorney. 

    I asked Cozy about this a few weeks ago at the BiggerPockets conference and their answer was that the line "THE LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR SHALL WAIVE THE FEE OR FEES IF THE POTENTIAL TENANT PROVIDES A COPY OF A BACKGROUND CHECK OR CREDIT CHECK CONDUCTED WITHIN THE PAST THIRTY DAYS" allows a landlord to request from the potential tenant a copy of their reports. Such reports can be purchased from a service like Cozy and forwarded to the landlord. The landlord is not charging an application fee, merely directing the potential tenant to a service to purchase their own reports at their own cost. 

  • Chicago, IL · Member since 2018 · 546 posts · 227 votes
    6y

    I'm inclined to agree with Tim on this. There are a lot of tools/resources out there which can help with tenant screening and the new laws can make some of it confusing (admittedly I'm not based in NY nor am I a lawyer who is well-versed in some of these new NY laws). It sounds like the current law allows a landlord to request from the potential tenant a copy of their reports, but I'm also not a lawyer so hard for me to include my input on this matter. But I believe Tim to be correct -- since you (the landlord) aren't directly charging an application fee, it should be ok because they are purchasing their own reports and sharing the results of those reports with you. 

  • Scott WolfPro Member
    Lender · Boca Raton, FL · Member since 2014 · 1k+ posts · 958 votes
    6y

    @Account Closed says, I can see a situation where the tenant refuses to get their own report, just because they know they only have to pay you $20 for the same report.

    New York has gone from a landlord unfriendly state to a landlords not wanted state.  We're the bad guys now, more so than ever.

  • Scott WolfPro Member
    Lender · Boca Raton, FL · Member since 2014 · 1k+ posts · 958 votes
    6y

    Finally found site that charges only 20 bucks. Unreal what Cuomo did. I hope this moron doesn't win reelection in 2022.

    I believe the politically correct term is Intelligence Challenged, not moron.  Also, please do share the site!

  • Rental Property Investor · New York state · Member since 2018 · 20 posts · 8 votes
    6y

    According to the New Law you can charge up to $20 for Credit Check and $20 for background check. So $29.95 is fine. I have been using COZY and have not had a problem. 

  • Member since 2019 · 3 posts · 0 votes
    6y

    I have a question about this - could a landlord simply require the prospective tenant to produce the credit report him- or herself as part of an application package?  I am aware there could be risks - ex. people can forge documents.  I am only asking if such a requirement would be disallowed under this new law.  Thank you for any replies.

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