Bill Text: NY S02014 | 2021-2022 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-12-21 - APPROVAL MEMO.79 [S02014 Detail]
Download: New_York-2021-S02014-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2014 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ 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 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: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 26-416 to read as follows: 3 § 26-416 Unauthorized legal fees. An owner, lessor or agent thereof 4 shall be prohibited from assessing a lessee any fee, surcharge or other 5 charges for legal services in connection with the operation or rental of 6 a residential unit unless the owner, lessor or agent has the legal 7 authority to do so pursuant to a court order. Legal services include, 8 but are not limited to, court fees, legal representation, attorney fees, 9 notary public charges, and administrative fees incurred by the owner, 10 lessor or agent in connection with management of the building, including 11 actions and proceedings in a court of law. Any agreement or assessment 12 to the contrary shall be void as contrary to public policy. 13 § 2. Section 6 of section 4 of chapter 576 of the laws of 1974, 14 constituting the emergency tenant protection act of nineteen seventy- 15 four, is amended by adding a new subdivision f-1 to read as follows: 16 f-1. An owner, lessor or agent thereof shall be prohibited from 17 assessing a lessee any fee, surcharge or other charges for legal 18 services in connection with the operation or rental of a residential 19 unit unless the owner, lessor or agent has the legal authority to do so 20 pursuant to a court order. Legal services include, but are not limited 21 to, court fees, legal representation, attorney fees, notary public 22 charges, and administrative fees incurred by the owner, lessor or agent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02278-01-1S. 2014 2 1 in connection with management of the building, including actions and 2 proceedings in a court of law. Any agreement or assessment to the 3 contrary shall be void as contrary to public policy. 4 § 3. Section 26-512 of the administrative code of the city of New York 5 is amended by adding a new subdivision g to read as follows: 6 g. An owner, lessor or agent thereof shall be prohibited from assess- 7 ing a lessee any fee, surcharge or other charges for legal services in 8 connection with the operation or rental of a residential unit unless the 9 owner, lessor or agent has the legal authority to do so pursuant to a 10 court order. Legal services include, but are not limited to, court 11 fees, legal representation, attorney fees, notary public charges, and 12 administrative fees incurred by the owner, lessor or agent in connection 13 with management of the building, including actions and proceedings in a 14 court of law. Any agreement or assessment to the contrary shall be void 15 as contrary to public policy. 16 § 4. Subdivision 4 of section 4 of chapter 274 of the laws of 1946, 17 constituting the emergency housing rent control law, is amended by 18 adding a new paragraph (f) to read as follows: 19 (f) An owner, lessor or agent thereof shall be prohibited from assess- 20 ing a lessee any fee, surcharge or other charges for legal services in 21 connection with the operation or rental of a residential unit unless the 22 owner, lessor or agent has the legal authority to do so pursuant to a 23 court order. Legal services include, but are not limited to, court 24 fees, legal representation, attorney fees, notary public charges, and 25 administrative fees incurred by the owner, lessor or agent in connection 26 with management of the building, including actions and proceedings in a 27 court of law. Any agreement or assessment to the contrary shall be void 28 as contrary to public policy. 29 § 5. The real property law is amended by adding a new section 234-a to 30 read as follows: 31 § 234-a. Unauthorized legal fees. An owner, lessor or agent thereof 32 shall be prohibited from assessing a lessee any fee, surcharge or other 33 charges for legal services in connection with the operation or rental of 34 a residential unit unless the owner, lessor or agent has the legal 35 authority to do so pursuant to a court order. Legal services include, 36 but are not limited to, court fees, legal representation, attorney fees, 37 notary public charges, and administrative fees incurred by the owner, 38 lessor or agent in connection with management of the building, including 39 actions and proceedings in a court of law. Any agreement or assessment 40 to the contrary shall be void as contrary to public policy. 41 § 6. This act shall take effect immediately; provided that: (a) 42 section 26-416 of the city rent and rehabilitation law as added by 43 section one of this act shall remain in full force and effect only as 44 long as the public emergency requiring the regulation and control of 45 residential rents and evictions continues, as provided in subdivision 3 46 of section 1 of the local emergency housing rent control act; and 47 (b) the amendments to section 26-512 of chapter 4 of title 26 of the 48 administrative code of the city of New York, made by section three of 49 this act shall expire on the same date as such law expires and shall not 50 affect the expiration of such law as provided under section 26-520 of 51 such law.
