NYS: New Tenant Law
For Official Release
September 2019
RE: New York State Housing Security and Tenant Protection Act of 2019
On June 14, 2019, Governor Andrew Cuomo signed into law the Statewide Housing Security and Tenant Protection Act of 2019 (the 'Act').
New York State Secretary of State Rossana Rosado announced on September 14, 2019 that the Department of State's Division of Licensing ('NYDOS - DOL') has issued guidance
for Real Estate Professionals concerning the Act.
A copy of the Guidance and the Department's letter to the real estate industry announcing the Guidance can be found
here.
The NYDOS-DOL guidance confirms that, "under the Act, a 'landlord, lessor, sub-lessor or grantor' is now prohibited from collecting an application fee greater than $20.00."
It further confirms that, "The $20.00 limitation applies to licensed real estate brokers and salespeople acting as an agent of the 'landlord, lessor, sub-lessor or grantor.'
The $20.00 limit does not apply under the following circumstances:
- When a property is being sold including within a COOP or Condo;
- Application fees imposed by COOP/Condo board (i.e., fees charged by persons other than the unit owner);
- For additional property exclusions see list provided in NY Real Property Law § 238-a(1)(a)."
Domecile has retained and consulted with legal counsel regarding the Act, which is currently being challenged in court by several organizations, including
CHIP and RSA.
Domecile interprets the Act as it pertains to Domecile, and is advised that the Act does not apply to Domecile as a vendor of products and services.
Domecile does not fit the definition of the named classes and is not presently subject to the provisioning of § 238-a (1)(a)(b) regarding fees.
Domecile is not a "unit owner," does not fulfill any of these roles or duties, nor has authority to approve or deny an application for a managed building.
As for the fees that Domecile charges, Domecile is a vendor that provides a digital transaction platform, data management and storage platform and related services.
The fees charged by Domecile to provide specialized products and services relating to building due diligence, data ingest, data storage and payment of fees for property
transfers are outside the scope of the Act.
Property Management clients of Domecile have also retained counsel to advise on what (if any) changes at this time should be made to any property fee structure/allocation.
If there are any concerns or issues, please direct them to the specific Property Management company in question.
If you have questions and concerns, please contact info@domecile.com.
Sincerely,
Management of Domecile