Assemblyman Dinowitz and State Senator Alcantara Create New Pro-Tenant Law to Combat Illegal Non-Rental Fees

Law will help inform rent stabilized tenants about whether non-rental fees imposed by landlords are legal or illegal

Albany, NY – Assemblyman Jeffrey Dinowitz (D-Bronx) struck an important blow for tenants in the fight to protect affordable housing in New York City, along with State Senator Marisol Alcantara (D-Manhattan) who was the prime sponsor in the State Senate. Governor Andrew Cuomo added his signature to protect low income tenants by signing legislation that would require a notice prepared by the Division of Housing and Community Renewal (DHCR) about authorized non-rental fees that can be imposed by landlords. This legislation passed both houses of the legislature unanimously and is one of a very few pieces of pro-tenant legislation to make it to the governor’s desk.

Currently, landlords attempt to illegally raise the rent of protected tenants by imposing unidentified fees that circumvent allowable rent increases. These fees are often used as a tactic by unscrupulous landlords as a way to increase their rent revenues beyond the permissible amount set annually by the Rent Guidelines Board. These fees can include legal and late charges, background checks and employment verification, and others. Many low-income tenants are unaware which fees are legally allowed and which are not and often simply pay the fees to avoid threats of eviction or further legal action. The DHCR currently publishes a fact sheet (#44) regarding fees for rent regulated tenants, and this legislation would simply require that this fact sheet be included in the rent stabilization lease rider currently provided.

Assemblyman Jeffrey Dinowitz said: “It isn’t easy to get pro-tenant legislation through both houses of the legislature, I am proud that this legislation was able to garner unanimous support in both houses and I am glad the governor feels the same way. While this is not a cure-all for bad landlords, making sure that tenants know their rights is a positive step towards protecting New York’s stock of affordable housing.”

Prior to the bill being signed, State Senator Marisol Alcantara said: “My district has the highest proportion of rent-stabilized units of any district in the state, and in my first term in Albany, I knew that I had to provide these tenants some relief from the unsound practices of unscrupulous landlords. This bill, which I hope will become my first bill to become law, makes an important step towards transparency and fairness for tenants. I applaud Assemblyman Dinowitz for his leadership in the Assembly and I was glad to be able to carry his bill to passage in the Senate. I urge the governor to sign this bill as soon as possible.”