Assembly Bill A8750

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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Archive: Last Bill Status Via S7801 - Signed by Governor


  • 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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2021-A8750 (ACTIVE) - Details

See Senate Version of this Bill:
S7801
Law Section:
Real Property Law
Laws Affected:
Amd §234-a, RP L (as proposed in S.2014 & A.5040)

2021-A8750 (ACTIVE) - Summary

Exempts shareholders of cooperative housing corporations from new provisions of law prohibiting legal fees in connection with the operation or rental of a residential unit.

2021-A8750 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8750
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the real property law, in relation to unauthorized legal
   fees in connection with the operation or rental of a residential unit
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 234-a of the real property law, as added by a chap-
 ter of the laws of 2021 amending the administrative code of the city  of
 New  York, the emergency tenant protection act of nineteen seventy-four,
 the emergency housing rent control law and the real property law  relat-
 ing  to  prohibiting  charges for legal fees, as proposed in legislative
 bills numbers S. 2014 and A. 5040, is amended to read as follows:
   § 234-a. Unauthorized legal fees. (A) An owner, lessor or agent there-
 of 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.  THE PROVISIONS OF
 THIS SUBDIVISION SHALL NOT APPLY TO A SHAREHOLDER OF A COOPERATIVE HOUS-
 ING CORPORATION, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
 SION SHALL APPLY WITH RESPECT TO ANY  TENANT  OR  SUBTENANT  OF  SUCH  A
 SHAREHOLDER.
   (B)  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  manage-
 ment  of  the  building, including actions and proceedings in a court of
 law.
   (C) Any agreement or assessment [to  the]  contrary  TO  THIS  SECTION
 shall be void as contrary to public policy.
   §  2.  This act shall take effect on the same date and the same manner
 as a chapter of the laws of 2021 amending the administrative code of the
 city of New York, the emergency tenant protection act of nineteen seven-
 ty-four, the emergency housing rent control law and  the  real  property
 law  relating  to  prohibiting  charges  for  legal fees, as proposed in
 legislative bills numbers S. 2014 and A. 5040, takes effect.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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