Am I understanding this right? It looks like I can’t deny applicants if they were involved in a legal dispute with a previous landlord, even if they were evicted. That’s crazy. This is the section I’m still reeling over from § 227-f:
“No landlord of a residential premises shall refuse to rent or offer a lease to a potential tenant on the basis that the potential tenant was involved in a past or pending landlord-tenant action or summary proceeding under article seven of the real property actions and proceedings law. There shall be a rebuttable presumption that a person is in violation of this section if it is established that the person requested information from a tenant screening bureau relating to a potential tenant or otherwise inspected court records relating to a potential tenant and the person subsequently refuses to rent or offer a lease to the potential tenant.”
This almost makes it sound like trying to screen applicants will hurt landlords, since there’s an implied violation for any landlord who does a background check and then refuses to rent to an applicant. The fine per violation is between $500 and $1000.
How are other New York landlords handling this? Are you still choosing to screen knowing that denying an applicant could get you fined?