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S09514 Summary:

BILL NOS09514
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Add §9-aa, Bank L
 
Prohibits certain financial institutions from charging a fee for changing the frequency of mortgage payments between monthly, semi-monthly, and biweekly payments.
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S09514 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9514
 
                    IN SENATE
 
                                     March 19, 2026
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Banks
 
        AN ACT to amend the banking law,  in  relation  to  prohibiting  certain
          financial  institutions from charging a fee for changing the frequency
          of mortgage payments
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The banking law is amended by adding a new section 9-aa to
     2  read as follows:
     3    § 9-aa. Fees for certain mortgage payments prohibited.  1.    Notwith-
     4  standing any other provision of law or rule or regulation to the contra-
     5  ry,  no financial institution subject to the provisions of this chapter,
     6  including any banking organization, mortgage broker or mortgage  banker,
     7  interstate  branch  established pursuant to article five-C of this chap-
     8  ter, or other investment entity subject to regulation by the department,
     9  which provides an account, mortgage, or  mortgage  loan  services  to  a
    10  customer shall charge a fee for such accountholder to pay their mortgage
    11  monthly,  semi-monthly, or biweekly. Such prohibited fees shall include,
    12  but not be limited to:
    13    (a) additional costs,  payments,  fees,  penalties,  or  premiums  for
    14  changing between monthly, semi-monthly, and biweekly mortgage payments.
    15    (b)  payment  of  an additional mortgage payment, or any part thereof,
    16  before being permitted to  change  between  monthly,  semi-monthly,  and
    17  biweekly mortgage payments.
    18    2. Notwithstanding any other provision of law or rule or regulation to
    19  the  contrary,  each  financial institution subject to the provisions of
    20  this chapter, including any banking  organization,  mortgage  broker  or
    21  mortgage  banker,  interstate  branch  established  pursuant  to article
    22  five-C of this chapter, or other investment entity subject to regulation
    23  by the department, which provides a mortgage or mortgage  loan  services
    24  to  a customer shall provide such customer with an amortization schedule
    25  and potential interest savings if such customer were to choose a  month-
    26  ly,  semi-monthly, or biweekly mortgage payment schedule and information
    27  on how to change to a different payment schedule.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13935-01-5

        S. 9514                             2
 
     1    3. If any provision of this section or its application to  any  person
     2  or  circumstance  is  held invalid, the invalidity does not affect other
     3  provisions or application of this section  which  can  be  given  effect
     4  without  the  invalid  provision  or  application,  and  to this end the
     5  provisions of this section are severable.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law.
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