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.
              

                                                            LBD02278-01-1

 A. 5040                             2
 
 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; and
   (b)  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
 affect  the  expiration  of such law as provided under section 26-520 of
 such law.