S03591 Summary:

BILL NOS03591A
 
SAME ASSAME AS A01156-A
 
SPONSORESPAILLAT
 
COSPNSRDIAZ, HASSELL-THOMPSON, HOYLMAN, PARKER, PERKINS, SERRANO
 
MLTSPNSR
 
Add S26-416, amd S26-512, NYC Ad Cd; amd S4, Emerg Ten Prot Act of 1974; amd S4, Emerg Hous Rent Cont L; add 234-a, RP L
 
Prohibits lessors or agents thereof from assessing a lessee any fee for legal services in connection with any operation or rental of a residential unit unless the lessor has the legal authority to do so.
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S03591 Actions:

BILL NOS03591A
 
02/12/2015REFERRED TO JUDICIARY
05/07/2015AMEND (T) AND RECOMMIT TO JUDICIARY
05/07/2015PRINT NUMBER 3591A
01/06/2016REFERRED TO JUDICIARY
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S03591 Committee Votes:

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S03591 Floor Votes:

There are no votes for this bill in this legislative session.
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S03591 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3591--A
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 12, 2015
                                       ___________
 
        Introduced  by Sens. ESPAILLAT, DIAZ, HASSELL-THOMPSON, HOYLMAN, PARKER,
          PERKINS, SERRANO -- read twice and ordered printed, and  when  printed
          to be committed to the Committee on Judiciary -- committee discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee
 
        AN ACT to amend the administrative code of the city  of  New  York,  the
          emergency tenant protection act of nineteen seventy-four, the emergen-
          cy  housing rent control law and the real property law, in relation to
          prohibiting charges for legal fees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The administrative code of the city of New York is amended
     2  by adding a new section 26-416 to read as follows:
     3    § 26-416 Unauthorized legal fees.  A lessor or agent thereof shall  be
     4  prohibited  from  assessing a lessee any fee, surcharge or other charges
     5  for legal services in connection with the operation or rental of a resi-
     6  dential unit unless the lessor has the legal authority to do so pursuant
     7  to a court order. Any agreement or assessment to the contrary  shall  be
     8  void as contrary to public policy.
     9    §  2.  Section  6  of  section  4  of chapter 576 of the laws of 1974,
    10  constituting the emergency tenant protection act  of  nineteen  seventy-
    11  four, is amended by adding a new subdivision f-1 to read as follows:
    12    f-1.  A  lessor  or agent thereof shall be prohibited from assessing a
    13  lessee any fee,  surcharge  or  other  charges  for  legal  services  in
    14  connection with the operation or rental of a residential unit unless the
    15  lessor  has  the legal authority to do so pursuant to a court order. Any
    16  agreement or assessment to the contrary shall be  void  as  contrary  to
    17  public policy.
    18    § 3. Section 26-512 of the administrative code of the city of New York
    19  is amended by adding a new subdivision g to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01832-03-5

        S. 3591--A                          2
 
     1    g.  A  lessor  or  agent  thereof shall be prohibited from assessing a
     2  lessee any fee,  surcharge  or  other  charges  for  legal  services  in
     3  connection with the operation or rental of a residential unit unless the
     4  lessor  has  the legal authority to do so pursuant to a court order. Any
     5  agreement  or  assessment  to  the contrary shall be void as contrary to
     6  public policy.
     7    § 4. Subdivision 4 of section 4 of chapter 274 of the  laws  of  1946,
     8  constituting  the  emergency  housing  rent  control  law, is amended by
     9  adding a new paragraph (f) to read as follows:
    10    (f) A lessor or agent thereof shall be  prohibited  from  assessing  a
    11  lessee  any  fee,  surcharge  or  other  charges  for  legal services in
    12  connection with the operation or rental of a residential unit unless the
    13  lessor has the legal authority to do so pursuant to a court  order.  Any
    14  agreement  or  assessment  to  the contrary shall be void as contrary to
    15  public policy.
    16    § 5. The real property law is amended by adding a new section 234-a to
    17  read as follows:
    18    § 234-a. Unauthorized legal fees. A lessor or agent thereof  shall  be
    19  prohibited  from  assessing a lessee any fee, surcharge or other charges
    20  for legal services in connection with the operation or rental of a resi-
    21  dential unit unless the lessor has the legal authority to do so pursuant
    22  to a court order. Any agreement or assessment to the contrary  shall  be
    23  void as contrary to public policy.
    24    §  6.  This  act  shall  take  effect  immediately; provided that: (a)
    25  section 26-416 of the city rent  and  rehabilitation  law  as  added  by
    26  section  one  of  this act shall remain in full force and effect only as
    27  long as the public emergency requiring the  regulation  and  control  of
    28  residential  rents and evictions continues, as provided in subdivision 3
    29  of section 1 of the local emergency housing rent control act;
    30    (b) the amendments to section 4 of chapter 576 of  the  laws  of  1974
    31  constituting  the  emergency  tenant protection act of nineteen seventy-
    32  four made by section two of this act shall expire on the  same  date  as
    33  such  act  expires  and  shall  not affect the expiration of such act as
    34  provided in section 17 of chapter 576 of the laws of 1974;
    35    (c) the amendments to section 26-512 of chapter 4 of title 26  of  the
    36  administrative  code  of  the city of New York, made by section three of
    37  this act shall expire on the same date as such law expires and shall not
    38  affect the expiration of such law as provided under  section  26-520  of
    39  such law; and
    40    (d)  the amendments to section 4 of the emergency housing rent control
    41  law made by section four of this act shall expire on the  same  date  as
    42  such  law  expires  and  shall  not affect the expiration of such law as
    43  provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
    44  1946.
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