|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to cities|
|Jan 05, 2011||referred to cities|
senate Bill S898
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S898 - Details
- Law Section:
- New York City Administrative Code
- Laws Affected:
- Add §20-700.1, NYC Ad Cd
- Versions Introduced in 2009-2010 Legislative Session:
S898 - Summary
Requires the terms of a motor vehicle sales contract entered into in the city of New York to be written in the language in which such contract was negotiated; requires retail motor vehicle dealers who negotiate primarily in any language other than English to deliver to the consumer a translation of such contract in the language in which such contract was negotiated; provides remedies to aggrieved consumers.
S898 - Sponsor Memo
BILL NUMBER:S898 TITLE OF BILL: An act to amend the administrative code of the city of New York, in relation to requiring certain contracts to be written in the language in which such contracts were negotiated PURPOSE: To ensure that persons with limited English proficiency understand the contract they sign when purchasing an automobile. SUMMARY OF PROVISIONS: The administrative code of the city of New York is amended by adding a new section 20-700.1 to include any retail automobile dealer who negotiates a contract primarily in a language other than English, orally or in writing, is required to give the consumer a translation of the contract in the language in which the contract was negotiated. Failure to comply shall allow the aggrieved consumer to rescind the contract. Cancellation shall take effect when the termination is given to the retail dealer. If the cancellation is mailed, the day of the postmark is the date of the cancellation. There will be no penalty imposed by the retail dealer for cancellation. If the contract has been sold to
S898 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 898 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the administrative code of the city of New York, in relation to requiring certain contracts to be written in the language in which such contracts were negotiated THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The administrative code of the city of New York is amended by adding a new section 20-700.1 to read as follows: S 20-700.1 CONTRACTS IN CERTAIN LANGUAGES FOR THE SALE OR LEASE OF NEW OR USED MOTOR VEHICLES. ANY RETAIL MOTOR VEHICLE DEALER WHO NEGOTIATES PRIMARILY IN A LANGUAGE OTHER THAN ENGLISH, ORALLY OR IN WRITING, IN THE COURSE OF ENTERING INTO A CONTRACT FOR THE SALE OR LEASE OF A NEW OR USED MOTOR VEHICLE, SHALL DELIVER TO THE CONSUMER WHO IS THE OTHER PARTY TO SUCH CONTRACT AND PRIOR TO THE EXECUTION OF SUCH CONTRACT, AN UNSIGNED TRANSLATION OF SUCH CONTRACT, IN THE LANGUAGE IN WHICH SUCH CONTRACT WAS NEGOTIATED. A. IN ADDITION TO THE PENALTIES IMPOSED UNDER THIS SUBCHAPTER, FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL ENTITLE THE AGGRIEVED CONSUMER TO CANCEL SUCH CONTRACT. UPON A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SECTION, THE AGGRIEVED CONSUMER MAY CANCEL THE CONTRACT. FOR PURPOSES OF THIS SECTION, CANCELLATION SHALL BE DEEMED TO HAVE OCCURRED WHEN WRITTEN NOTICE OF CANCELLATION IS GIVEN TO THE RETAIL DEALER. NOTICE OF CANCELLATION, IF MAILED, SHALL BE DEEMED DELIV- ERED ON THE DATE OF THE POSTMARK. NOTICE OF CANCELLATION SHALL BE SUFFI- CIENT IF SUCH NOTICE INDICATES THE INTENTION OF THE CONSUMER NOT TO BE BOUND BY SUCH CONTRACT. IF A CONSUMER CANCELS A CONTRACT PURSUANT TO THIS SUBDIVISION, THE RETAIL DEALER SHALL NOT IMPOSE ANY PENALTY OR OBLIGATION UPON SUCH CONSUMER. WHEN A CONTRACT, WHICH HAS BEEN SOLD AND ASSIGNED TO A FINANCIAL INSTITUTION IS CANCELED PURSUANT TO THIS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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