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A07167 Summary:

BILL NOA07167
 
SAME ASSAME AS S04778
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Amd 337, Pers Prop L
 
Provides that with respect to leases on motor vehicles, no lease shall provide that the lessee would be charged a turn-in fee at the expiration of the term which constitutes solely an additional fee for administrative, handling or clerical charges.
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A07167 Actions:

BILL NOA07167
 
05/11/2023referred to judiciary
05/23/2023reported referred to rules
05/24/2023reported
05/24/2023rules report cal.283
05/24/2023ordered to third reading rules cal.283
01/03/2024ordered to third reading cal.201
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A07167 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7167
 
SPONSOR: Solages
  TITLE OF BILL: An act to amend the personal property law, in relation to prohibiting certain provisions in retail lease agreements   PURPOSE: To prevent the imposition of certain fees at the expiration of a term on a motor vehicle lease which constitutes administrative, clerical or handling charges.   SUMMARY: Section 1. Amends paragraphs (h) and (i) of subdivision 14 of section 337 of the personal property law, paragraph (h) as added by chapter 1 of the laws of 1994 and paragraph (i) as amended by chapter 111 of the laws of 1995, are amended and a new paragraph (j) is added. Section 2. Sets the effective date.   JUSTIFICATION: The proposed new section prohibits charging a turn-in fee at the expira- tion of the term of the lease, the basis of which is solely for adminis- trative, handling or clerical charges.When a lessee turns in an automo- bile at the end of the lease that has not been damaged nor exceeds the contractual mileage allowed, there is no basis for charging an addi- tional amount called a turn-in fee for purely administrative costs for the dealer to accept the automobile. This is a fee seldom discussed with the lessee at the time the lease is signed. The lesser often offers to waive such a fee as an incentive to the customer to do a subsequent lease. This discourages the consumer from seeking the best rate avail- able.   RACIAL JUSTICE IMPACT: TBD.   GENDER JUSTICE IMPACT: TBD.   PRIOR LEGISLATIVE HISTORY: 1999-00 A.8035 - committed to judiciary 2001-02 A.4159 - referred to judiciary 2003-04 A.1975 - referred to consumer protection 2005-06 A.4642 - ordered to third reading rules cal.203 2007-08 A.1519 - referred to consumer protection 2009-10 A.2904 - referred to consumer protection 2011-12 A.1581 - advanced to third reading cal.386 2013-14 A.466 - advanced to third reading cal.428 2015-16 A.2512 - advanced to third reading cal.578 2017-18 A.2337 - ordered to third reading cal.176 2019-20 A.3345 - ordered to third reading cal.138 2021-22: A5551; passed Assembly.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to leases executed on or after such date.
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A07167 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7167
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 11, 2023
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Judiciary
 
        AN ACT to amend the personal property law, in  relation  to  prohibiting
          certain provisions in retail lease agreements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (h) and (i) of subdivision 14 of section 337  of
     2  the  personal  property  law, paragraph (h) as added by chapter 1 of the
     3  laws of 1994 and paragraph (i) as amended by chapter 111 of the laws  of
     4  1995, are amended and a new paragraph (j) is added to read as follows:
     5    (h)  the  lessee  waives any right to a trial by jury in any action or
     6  proceeding arising out of the agreement; [or]
     7    (i) a lessee who is not in default of his or her obligations under the
     8  agreement would be prohibited from terminating the agreement at any time
     9  after the expiration of the first fifty percent of the total  number  of
    10  months  of the lease term. The exercise of this right to terminate early
    11  voluntarily is contingent upon the lessee discharging fully his  or  her
    12  liability under the early termination provisions of the agreement[.]; or
    13    (j) the lessee would be charged a turn-in fee at the expiration of the
    14  term  which  constitutes  solely  an  additional fee for administrative,
    15  handling or clerical charges.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing  the  date  on  which  it shall have become a law and shall apply to
    18  leases executed on or after such date.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09516-01-3
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