S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1089
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ, GOTTFRIED, ROSENTHAL, MOSLEY, PICHARDO,
   COOK, CRESPO, SEPULVEDA, BENEDETTO, KAVANAGH, PERRY -- Multi-Sponsored
   by  --  M.  of  A.    ARROYO, DenDEKKER, GLICK, MAYER -- read once and
   referred to the Committee on Housing
 
 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:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 26-416 to read as follows:
   § 26-416 UNAUTHORIZED LEGAL FEES.  A LESSOR OR AGENT THEREOF SHALL  BE
 PROHIBITED  FROM  ASSESSING A LESSEE ANY FEE, SURCHARGE OR OTHER CHARGES
 FOR LEGAL SERVICES IN CONNECTION WITH THE OPERATION OR RENTAL OF A RESI-
 DENTIAL UNIT UNLESS THE LESSOR HAS THE LEGAL AUTHORITY TO DO SO PURSUANT
 TO A COURT ORDER. ANY AGREEMENT OR ASSESSMENT TO THE CONTRARY  SHALL  BE
 VOID AS CONTRARY TO PUBLIC POLICY.
   §  2.  Section  6  of  section  4  of chapter 576 of the laws of 1974,
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four, is amended by adding a new subdivision f-1 to read as follows:
   F-1.  A  LESSOR  OR AGENT THEREOF SHALL BE PROHIBITED FROM ASSESSING A
 LESSEE ANY FEE,  SURCHARGE  OR  OTHER  CHARGES  FOR  LEGAL  SERVICES  IN
 CONNECTION WITH THE OPERATION OR RENTAL OF A RESIDENTIAL UNIT UNLESS THE
 LESSOR  HAS  THE LEGAL AUTHORITY TO DO SO PURSUANT TO A COURT ORDER. ANY
 AGREEMENT OR ASSESSMENT TO THE CONTRARY SHALL BE  VOID  AS  CONTRARY  TO
 PUBLIC POLICY.
   § 3. Section 26-512 of the administrative code of the city of New York
 is amended by adding a new subdivision g to read as follows:
   G.  A  LESSOR  OR  AGENT  THEREOF SHALL BE PROHIBITED FROM ASSESSING A
 LESSEE ANY FEE,  SURCHARGE  OR  OTHER  CHARGES  FOR  LEGAL  SERVICES  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03571-01-7

 A. 1089                             2
 
 CONNECTION WITH THE OPERATION OR RENTAL OF A RESIDENTIAL UNIT UNLESS THE
 LESSOR  HAS  THE LEGAL AUTHORITY TO DO SO PURSUANT TO A COURT ORDER. ANY
 AGREEMENT OR ASSESSMENT TO THE CONTRARY SHALL BE  VOID  AS  CONTRARY  TO
 PUBLIC POLICY.
   §  4.  Subdivision  4 of section 4 of chapter 274 of the laws of 1946,
 constituting the emergency housing  rent  control  law,  is  amended  by
 adding a new paragraph (f) to read as follows:
   (F)  A  LESSOR  OR  AGENT THEREOF SHALL BE PROHIBITED FROM ASSESSING A
 LESSEE ANY FEE,  SURCHARGE  OR  OTHER  CHARGES  FOR  LEGAL  SERVICES  IN
 CONNECTION WITH THE OPERATION OR RENTAL OF A RESIDENTIAL UNIT UNLESS THE
 LESSOR  HAS  THE LEGAL AUTHORITY TO DO SO PURSUANT TO A COURT ORDER. ANY
 AGREEMENT OR ASSESSMENT TO THE CONTRARY SHALL BE  VOID  AS  CONTRARY  TO
 PUBLIC POLICY.
   § 5. The real property law is amended by adding a new section 234-a to
 read as follows:
   §  234-A.  UNAUTHORIZED LEGAL FEES. A LESSOR OR AGENT THEREOF SHALL BE
 PROHIBITED FROM ASSESSING A LESSEE ANY FEE, SURCHARGE OR  OTHER  CHARGES
 FOR LEGAL SERVICES IN CONNECTION WITH THE OPERATION OR RENTAL OF A RESI-
 DENTIAL UNIT UNLESS THE LESSOR HAS THE LEGAL AUTHORITY TO DO SO PURSUANT
 TO  A  COURT ORDER. ANY AGREEMENT OR ASSESSMENT TO THE CONTRARY SHALL BE
 VOID AS CONTRARY TO PUBLIC POLICY.
   § 6. This act  shall  take  effect  immediately;  provided  that:  (a)
 section  26-416  of  the  city  rent  and rehabilitation law as added by
 section one of this act shall remain in full force and  effect  only  as
 long  as  the  public  emergency requiring the regulation and control of
 residential rents and evictions continues, as provided in subdivision  3
 of section 1 of the local emergency housing rent control act;
   (b)  the  amendments  to  section 4 of chapter 576 of the laws of 1974
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four  made  by  section two of this act shall expire on the same date as
 such act expires and shall not affect the  expiration  of  such  act  as
 provided in section 17 of chapter 576 of the laws of 1974;
   (c)  the  amendments to section 26-512 of chapter 4 of title 26 of the
 administrative code of the city of New York, made by  section  three  of
 this act shall expire on the same date as such law expires and shall not
 affect  the  expiration  of such law as provided under section 26-520 of
 such law; and
   (d) the amendments to section 4 of the emergency housing rent  control
 law  made  by  section four of this act shall expire on the same date as
 such law expires and shall not affect the  expiration  of  such  law  as
 provided  in  subdivision  2  of section 1 of chapter 274 of the laws of
 1946.