1. (a) 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 as provided by paragraph (b) of this subdivision, provided
that this subdivision shall not apply to entrance fees charged by
continuing care retirement communities licensed pursuant to article
forty-six or forty-six-A of the public health law, assisted living
providers licensed pursuant to article forty-six-B of the public health
law, adult care facilities licensed pursuant to article seven of the
social services law, senior residential communities that have submitted
an offering plan to the attorney general, or not-for-profit independent
retirement communities that offer personal emergency response,
housekeeping, transportation and meals to their residents. Nothing in
this paragraph shall prohibit a cooperative housing corporation, other
than a cooperative housing corporation subject to the provisions of
article two, article four, article five or article eleven of the private
housing finance law, from demanding from a prospective tenant any
payment, fee or charge which is necessary to compensate a managing agent
and/or transfer agent for the processing, review or acceptance of such
prospective tenant's application where such prospective tenant would
become a dwelling unit owner or shareholder of such cooperative housing
corporation.