Requires motor vehicle lease contracts to include provisions related to the accumulation of mileage, specifically the amount a lessee will receive back if such lessee does not accumulate all miles that were allotted for the term of the lease.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5188
SPONSOR: Novakhov TITLE OF BILL:
An act to amend the personal property law, in relation to requiring
motor vehicle lease contracts to include provisions related to the accu-
mulation of mileage
PURPOSE:
To require that automobile leasing companies issue a refund to a lessee
in the event that the lessee returns a leased vehicle after having used
fewer miles than were allowed by the original lease agreement.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends subdivision 5 of Section 337 of the
Personal Property law, by adding a new subdivision (n) which clarifies
that a vehicle lessee returning a leased vehicle having used fewer that
the allowed miles is to be offered an amount equal to that which the
lessee would have been charged should the lessee have used mileage in
excess of that permitted by the lease.
Section 2 of the bill provides the effective date.
JUSTIFICATION:
As a general rule, an automobile lease will allow a lessee to drive the
leased vehicle for a set number of miles. Such a lease agreement will
also usually specify an additional charge per mile to be levied should
the lessee drive the vehicle for more than its allotted miles. This is
not unreasonable, given that the additional miles add additional wear
and tear on the vehicle while also reducing its resale value. By the
same token, however, it is only fair to offer a similar rebate to the
lessee when he or she drives the vehicle for fewer miles than originally
provided for, given the reduced wear and tear on the vehicle and corre-
sponding increase in the value of that vehicle.
LEGISLATIVE HISTORY:
2023-2024, A.7297, not considered
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5188
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. NOVAKHOV -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the personal property law, in relation to requiring
motor vehicle lease contracts to include provisions related to the
accumulation of mileage
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (l) and (l) of subdivision 5 of section 337 of
2 the personal property law, paragraph (l) as amended by chapter 140 of
3 the laws of 1995 and as relettered by chapter 246 of the laws of 2019
4 and paragraph (l) as added by chapter 607 of the laws of 2019, are
5 amended and a new paragraph (n) is added to read as follows:
6 (l) In the case of an agreement which does not obligate the lessee
7 upon a total loss of the vehicle occasioned by its theft or physical
8 damage for any of the items specified in paragraphs (e) and (f) of
9 subdivision one of section three hundred forty-one of this article, a
10 conspicuous notice that the lessee has no such obligation[.];
11 [(l)] (m) The liability of the lessee in the case of a total loss of
12 the vehicle or the vehicle is rendered inoperable. Disclosure of liabil-
13 ity pursuant to this paragraph shall include the financial liability of
14 the lessee and the lessor's rules, policies and procedures in the event
15 the car is declared a total loss or rendered inoperable during the term
16 of the lease[.];
17 (n) An amount a lessee will receive if such lessee returns the vehicle
18 at the end of the lease term accumulating less miles than were fixed for
19 such lease term, provided that such amount shall be, at a minimum,
20 equivalent to the amount charged for additional mileage accumulated at
21 the end of such lease term.
22 § 2. This act shall take effect immediately, and shall apply to all
23 leases entered into, renewed, modified or amended on and after such
24 effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08969-01-5
