The application outlines the following (exorbitant, IMO) fees:
Application Processing Fee: $700.00
Digital Document Retention Fee: $112.50
Move-In Fee: $600.00
Consumer Report Fee: $75.00
This seems to be in violation of the following part of the TPA section 238-a "Limitation on fees". Here it is in a pastebin https://pastebin.com/Q4GNDLB2 for convenience. and FWIW there's a solid summary here https://rebny.com/content/rebny/en/newsroom/in-the-news/2019/Housing_Stability_Tenant_Protection_Act_2019.html/ from the Real Estate Board of NY.
"Except in instances where statutes or regulations provide for a payment, fee or charge, no landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the processing, review or acceptance of an application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except background checks and credit checks [which are capped at $20] ..."
My question: I've seen some folks online indicate that these laws may not apply to condos with management companies, since these companies are not technically covered by the "landlord, lessor, sub-lessor, or grantor" group specified in the text. Is this true? Are condos somehow exempt from these laws? Or could this be considered a de facto landlord-tenant relationship?
I get the sense that some of this may still need to be figured out based on real court precedents, but would really appreciate any initial appraisals of whether this is a) definitely not applicable to condos, b) definitely applicable, or c) a true gray area.
Thank you so much, we really appreciate your help.