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S02014 Summary:

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S02014 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2014
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 16, 2021
                                       ___________
 
        Introduced  by  Sens. JACKSON, BIAGGI -- read twice and ordered printed,
          and when  printed  to  be  committed  to  the  Committee  on  Housing,
          Construction and Community Development
 
        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.  An owner, lessor or agent thereof
     4  shall be prohibited from assessing a lessee any fee, surcharge or  other
     5  charges for legal services in connection with the operation or rental of
     6  a  residential  unit  unless  the  owner,  lessor or agent has the legal
     7  authority to do so pursuant to a court order.  Legal  services  include,
     8  but are not limited to, court fees, legal representation, attorney fees,
     9  notary  public  charges,  and administrative fees incurred by the owner,
    10  lessor or agent in connection with management of the building, including
    11  actions and proceedings in a court of law. Any agreement  or  assessment
    12  to the contrary shall be void as contrary to public policy.
    13    §  2.  Section  6  of  section  4  of chapter 576 of the laws of 1974,
    14  constituting the emergency tenant protection act  of  nineteen  seventy-
    15  four, is amended by adding a new subdivision f-1 to read as follows:
    16    f-1.  An  owner,  lessor  or  agent  thereof  shall be prohibited from
    17  assessing a lessee  any  fee,  surcharge  or  other  charges  for  legal
    18  services  in  connection  with  the operation or rental of a residential
    19  unit unless the owner, lessor or agent has the legal authority to do  so
    20  pursuant  to  a court order. Legal services include, but are not limited
    21  to, court fees,  legal  representation,  attorney  fees,  notary  public
    22  charges,  and administrative fees incurred by the owner, lessor or agent
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02278-01-1
        S. 2014                             2
 
     1  in connection with management of the  building,  including  actions  and
     2  proceedings  in  a  court  of  law.   Any agreement or assessment to the
     3  contrary shall be void as contrary to public policy.
     4    § 3. Section 26-512 of the administrative code of the city of New York
     5  is amended by adding a new subdivision g to read as follows:
     6    g.  An owner, lessor or agent thereof shall be prohibited from assess-
     7  ing a lessee any fee, surcharge or other charges for legal  services  in
     8  connection with the operation or rental of a residential unit unless the
     9  owner,  lessor  or  agent has the legal authority to do so pursuant to a
    10  court order.   Legal services include, but are  not  limited  to,  court
    11  fees,  legal  representation,  attorney fees, notary public charges, and
    12  administrative fees incurred by the owner, lessor or agent in connection
    13  with management of the building, including actions and proceedings in  a
    14  court of law.  Any agreement or assessment to the contrary shall be void
    15  as contrary to public policy.
    16    §  4.  Subdivision  4 of section 4 of chapter 274 of the laws of 1946,
    17  constituting the emergency housing  rent  control  law,  is  amended  by
    18  adding a new paragraph (f) to read as follows:
    19    (f) An owner, lessor or agent thereof shall be prohibited from assess-
    20  ing  a  lessee any fee, surcharge or other charges for legal services in
    21  connection with the operation or rental of a residential unit unless the
    22  owner, lessor or agent has the legal authority to do so  pursuant  to  a
    23  court  order.    Legal  services  include, but are not limited to, court
    24  fees, legal representation, attorney fees, notary  public  charges,  and
    25  administrative fees incurred by the owner, lessor or agent in connection
    26  with  management of the building, including actions and proceedings in a
    27  court of law.  Any agreement or assessment to the contrary shall be void
    28  as contrary to public policy.
    29    § 5. The real property law is amended by adding a new section 234-a to
    30  read as follows:
    31    § 234-a. Unauthorized legal fees. An owner, lessor  or  agent  thereof
    32  shall  be prohibited from assessing a lessee any fee, surcharge or other
    33  charges for legal services in connection with the operation or rental of
    34  a residential unit unless the owner,  lessor  or  agent  has  the  legal
    35  authority  to  do so pursuant to a court order.  Legal services include,
    36  but are not limited to, court fees, legal representation, attorney fees,
    37  notary public charges, and administrative fees incurred  by  the  owner,
    38  lessor or agent in connection with management of the building, including
    39  actions  and proceedings in a court of law.  Any agreement or assessment
    40  to the contrary shall be void as contrary to public policy.
    41    § 6. This act  shall  take  effect  immediately;  provided  that:  (a)
    42  section  26-416  of  the  city  rent  and rehabilitation law as added by
    43  section one of this act shall remain in full force and  effect  only  as
    44  long  as  the  public  emergency requiring the regulation and control of
    45  residential rents and evictions continues, as provided in subdivision  3
    46  of section 1 of the local emergency housing rent control act; and
    47    (b)  the  amendments to section 26-512 of chapter 4 of title 26 of the
    48  administrative code of the city of New York, made by  section  three  of
    49  this act shall expire on the same date as such law expires and shall not
    50  affect  the  expiration  of such law as provided under section 26-520 of
    51  such law.