S T A T E O F N E W Y O R K
________________________________________________________________________
1396
2009-2010 Regular Sessions
I N S E N A T E
January 29, 2009
___________
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the personal property law, in relation to prohibiting
certain provisions in retail lease agreements
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (h) and (i) of subdivision 14 of section 337 of
the personal property law, paragraph (h) as added by chapter 1 of the
laws of 1994 and paragraph (i) as amended by chapter 111 of the laws of
1995, are amended and a new paragraph (j) is added to read as follows:
(h) the lessee waives any right to a trial by jury in any action or
proceeding arising out of the agreement; [or]
(i) a lessee who is not in default of his or her obligations under the
agreement would be prohibited from terminating the agreement at any time
after the expiration of the first fifty percent of the total number of
months of the lease term. The exercise of this right to terminate early
voluntarily is contingent upon the lessee discharging fully his or her
liability under the early termination provisions of the agreement[.]; OR
(J) THE LESSEE WOULD BE CHARGED A TURN-IN FEE AT THE EXPIRATION OF THE
TERM WHICH CONSTITUTES SOLELY AN ADDITIONAL FEE FOR ADMINISTRATIVE,
HANDLING OR CLERICAL CHARGES.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall apply to
leases executed on or after such date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06252-01-9