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

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.450
Apr 03, 2019 print number 3358a
Apr 03, 2019 amend and recommit to housing, construction and community development
Feb 06, 2019 referred to housing, construction and community development

Votes

view votes

Apr 8, 2019 - Housing, Construction and Community Development committee Vote

S3358A
7
4
committee
7
Aye
4
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Housing, Construction and Community Development committee vote details

Housing, Construction and Community Development Committee Vote: Apr 8, 2019

Co-Sponsors

S3358 (ACTIVE) - Details

See Assembly Version of this Bill:
A2623
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 Other Legislative Sessions:
2013-2014: S6113, A8262
2015-2016: S3591, A1156
2017-2018: S2377, A1089

S3358 (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.

S3358 (ACTIVE) - Sponsor Memo

S3358 (ACTIVE) - 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

S3358A (ACTIVE) - Details

See Assembly Version of this Bill:
A2623
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 Other Legislative Sessions:
2013-2014: S6113, A8262
2015-2016: S3591, A1156
2017-2018: S2377, A1089

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.

S3358A (ACTIVE) - Sponsor Memo

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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