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What is NYC AC § 26-2902?

Quick Answer

This section prohibits developers from using certain credit information, such as credit scores and medical debt, when renting affordable units, with exceptions for delinquent debts over $12,000. It also mandates disclosure of the criteria used to evaluate a designated household member's credit history. Applies to developers of affordable housing units.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 26-2902 Use of credit information.

AC § 26-2902

a. It shall be unlawful for a developer to use or consider any credit score, consumer debt judgment, collection account, student loan debt, or medical debt of a tenant or prospective tenant in the rental or lease of an affordable unit, except for delinquent debt of greater than $12,000 in the aggregate, of a tenant or prospective tenant. b. It shall be unlawful for a developer, in connection with the rental or lease of an affordable unit to any tenant or prospective tenant, to (i) use or consider any consumer credit history of any member of such tenant or prospective tenant's household other than the member of such tenant or prospective tenant's household designated by such household to represent such household in all matters pertaining to the rental or lease of such unit or (ii) fail to disclose, in writing, to such designee the process and criteria by which such designee's consumer credit history will be evaluated. Notwithstanding any provision herein to the contrary, for purposes of the rental or lease of an affordable unit in a rental development organized pursuant to article two of the private housing finance law, the person named on the waiting list for such rental development shall be the designee for any consumer credit history for such tenant or prospective tenant's household. (L.L. 2020/101, 10/17/2020, eff. 10/17/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/101.

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