Senate Bill S629

                                BILL NUMBER:S629              REVISED 12/26/12

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
              

a financial institution, any restitution from the consumer to the
retail dealer, from the retail dealer to the consumer or from the
retail dealer to the financial institution shall be made. At that
point the retail dealer shall repurchase the contract from the
consumer. The terms of the contract which are executed in the English
language shall determine the rights and obligations of the parties.
The translation of the contract in any of the languages specified in
which the contract was negotiated shall be admissible in evidence
only to show that no contract was entered into because of a
substantial difference in the material terms and conditions of the
contract and the translation.

JUSTIFICATION:
New York City's population has become increasingly diverse. The number
of New Yorkers who speak a language other than English as their
primary language has increased significantly. According to the US
Census Bureau, between 2006-2010, 48.3% of New York City residents
spoke a language other than English at home. Of the NYC population,
23.5% spoke English less than very well.

Despite their growing and powerful presence in New York State, many
new immigrants, because of their limited English skills, have found
themselves to be easy targets for unscrupulous business owners. New
immigrants have fallen victim to deceptive business practices that
attempt to prey on and profit from their inability to fully
comprehend the English language. This is especially true in complex
business transactions.

This predatory behavior is exemplified by unscrupulous car dealers who
offer to negotiate in a consumer's primary language, only to present


the consumer with a written contract in English - one which,
unbeknown to the customer, may not accurately reflect negotiated
terms. Many New York car dealerships have begun using translators to
negotiate with non-English speaking consumers. However, when these
verbal negotiations are put in writing, they are written in English
without including a copy in the language in which the contract was
negotiated. Non-English speaking consumers would gain a measure of
confidence in dealing with dealerships who offer to meet their unique
needs in this way.

Ethnic communities contribute greatly to the economic and political
vitality of the state and serve as a powerful force in the marketplace.
This law would provide much needed protection for non-English speaking
consumers.

LEGISLATIVE HISTORY:
Previously introduced.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the one
hundred
twentieth day after it shall have become a law and shall apply to
contracts entered into on or after such date.