assembly Bill A5040

Signed By Governor
2021-2022 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 Via S2014 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 21, 2021 approval memo.79
signed chap.695
Dec 09, 2021 delivered to governor
Jun 02, 2021 returned to senate
passed assembly
ordered to third reading cal.174
substituted for a5040
Jun 02, 2021 substituted by s2014
Mar 11, 2021 advanced to third reading cal.174
Mar 09, 2021 reported
Feb 23, 2021 reported referred to codes
Feb 10, 2021 referred to housing

Votes

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May 4, 2021 - Housing, Construction and Community Development committee Vote

S2014
8
3
committee
8
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 4, 2021

Co-Sponsors

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Multi-Sponsors

A5040 (ACTIVE) - Details

See Senate Version of this Bill:
S2014
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: A8262, S6113
2015-2016: A1156, S3591
2017-2018: A1089, S2377
2019-2020: A2623, S3358

A5040 (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.

A5040 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5040
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, GOTTFRIED, L. ROSENTHAL, PICHARDO,
   COOK, BENEDETTO, PERRY, BARRON, REYES, DE LA ROSA  --  Multi-Sponsored
   by  --  M.  of  A. GLICK -- 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.  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
 TO,  COURT  FEES,  LEGAL  REPRESENTATION,  ATTORNEY  FEES, NOTARY PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.