Senate Bill S3358A

2019-2020 Legislative Session

Relates to prohibiting legal fees to be charged by a lessor or agent thereof

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2019-S3358 - Details

See Assembly Version of this Bill:
A2623
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-416, amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L; add §234-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
S3358, A2623

2019-S3358 - Summary

Prohibits owners, lessors or agents thereof from assessing a lessee any fee for legal services in connection with any operation or rental of a residential unit unless the owner, lessor or agent has the legal authority to do so.

2019-S3358 - Sponsor Memo

2019-S3358 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3358
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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:
 
   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
 CONNECTION WITH THE OPERATION OR RENTAL OF A RESIDENTIAL UNIT UNLESS THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S3358A (ACTIVE) - Details

See Assembly Version of this Bill:
A2623
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
New York City Administrative Code
Laws Affected:
Add §26-416, amd §26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §4, Emerg Hous Rent Cont L; add §234-a, RP L
Versions Introduced in 2019-2020 Legislative Session:
S3358, A2623

2019-S3358A (ACTIVE) - Summary

Prohibits owners, lessors or agents thereof from assessing a lessee any fee for legal services in connection with any operation or rental of a residential unit unless the owner, lessor or agent has the legal authority to do so.

2019-S3358A (ACTIVE) - Sponsor Memo

2019-S3358A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3358--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 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 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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.  AN OWNER, 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  OWNER,  LESSOR OR AGENT HAS THE LEGAL
 AUTHORITY TO DO SO PURSUANT TO A COURT ORDER.  LEGAL  SERVICES  INCLUDE,
 BUT ARE NOT LIMITED TO, COURT FEES, LEGAL REPRESENTATION, ATTORNEY FEES,
 NOTARY  PUBLIC  CHARGES,  AND ADMINISTRATIVE FEES INCURRED BY THE OWNER,
 LESSOR OR AGENT IN CONNECTION WITH MANAGEMENT OF THE BUILDING, INCLUDING
 ACTIONS AND PROCEEDINGS IN A COURT OF LAW. 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.  AN  OWNER,  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 OWNER, LESSOR OR AGENT HAS THE LEGAL AUTHORITY TO DO  SO
 PURSUANT  TO  A COURT ORDER. LEGAL SERVICES INCLUDE, BUT ARE NOT LIMITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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