The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2623--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2019
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GOTTFRIED,  L. ROSENTHAL, MOSLEY,
  PICHARDO, COOK, CRESPO, BENEDETTO, PERRY, BARRON -- Multi-Sponsored by
  -- M. of A.  ARROYO, DenDEKKER, GLICK -- read once and referred to the
  Committee on Housing -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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.

                                                           LBD00648-03-9

A. 2623--A                          2

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.
  § 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. AN OWNER, LESSOR OR AGENT THEREOF SHALL BE PROHIBITED FROM  ASSESS-
ING  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.
  § 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) AN OWNER, LESSOR OR AGENT THEREOF SHALL BE PROHIBITED FROM ASSESS-
ING 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.
  § 5. The real property law is amended by adding a new section 234-a to
read as follows:
  §  234-A.  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.
  §  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

A. 2623--A                          3

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.