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A05040 Summary:

BILL NOA05040
 
SAME ASSAME AS S02014
 
SPONSORDinowitz
 
COSPNSRGottfried, Rosenthal L, Pichardo, Cook, Benedetto, Perry, Barron, Reyes, De La Rosa, Rodriguez
 
MLTSPNSRGlick
 
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
 
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.
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A05040 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5040
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02278-01-1

        A. 5040                             2
 
     1  charges, and administrative fees incurred by the owner, lessor or  agent
     2  in  connection  with  management  of the building, including actions and
     3  proceedings in a court of law.   Any  agreement  or  assessment  to  the
     4  contrary shall be void as contrary to public policy.
     5    § 3. Section 26-512 of the administrative code of the city of New York
     6  is amended by adding a new subdivision g to read as follows:
     7    g.  An owner, lessor or agent thereof shall be prohibited from assess-
     8  ing a lessee any fee, surcharge or other charges for legal  services  in
     9  connection with the operation or rental of a residential unit unless the
    10  owner,  lessor  or  agent has the legal authority to do so pursuant to a
    11  court order.   Legal services include, but are  not  limited  to,  court
    12  fees,  legal  representation,  attorney fees, notary public charges, and
    13  administrative fees incurred by the owner, lessor or agent in connection
    14  with management of the building, including actions and proceedings in  a
    15  court of law.  Any agreement or assessment to the contrary shall be void
    16  as contrary to public policy.
    17    §  4.  Subdivision  4 of section 4 of chapter 274 of the laws of 1946,
    18  constituting the emergency housing  rent  control  law,  is  amended  by
    19  adding a new paragraph (f) to read as follows:
    20    (f) An owner, lessor or agent thereof shall be prohibited from assess-
    21  ing  a  lessee any fee, surcharge or other charges for legal services in
    22  connection with the operation or rental of a residential unit unless the
    23  owner, lessor or agent has the legal authority to do so  pursuant  to  a
    24  court  order.    Legal  services  include, but are not limited to, court
    25  fees, legal representation, attorney fees, notary  public  charges,  and
    26  administrative fees incurred by the owner, lessor or agent in connection
    27  with  management of the building, including actions and proceedings in a
    28  court of law.  Any agreement or assessment to the contrary shall be void
    29  as contrary to public policy.
    30    § 5. The real property law is amended by adding a new section 234-a to
    31  read as follows:
    32    § 234-a. Unauthorized legal fees. An owner, lessor  or  agent  thereof
    33  shall  be prohibited from assessing a lessee any fee, surcharge or other
    34  charges for legal services in connection with the operation or rental of
    35  a residential unit unless the owner,  lessor  or  agent  has  the  legal
    36  authority  to  do so pursuant to a court order.  Legal services include,
    37  but are not limited to, court fees, legal representation, attorney fees,
    38  notary public charges, and administrative fees incurred  by  the  owner,
    39  lessor or agent in connection with management of the building, including
    40  actions  and proceedings in a court of law.  Any agreement or assessment
    41  to the contrary shall be void as contrary to public policy.
    42    § 6. This act  shall  take  effect  immediately;  provided  that:  (a)
    43  section  26-416  of  the  city  rent  and rehabilitation law as added by
    44  section one of this act shall remain in full force and  effect  only  as
    45  long  as  the  public  emergency requiring the regulation and control of
    46  residential rents and evictions continues, as provided in subdivision  3
    47  of section 1 of the local emergency housing rent control act; and
    48    (b)  the  amendments to section 26-512 of chapter 4 of title 26 of the
    49  administrative code of the city of New York, made by  section  three  of
    50  this act shall expire on the same date as such law expires and shall not
    51  affect  the  expiration  of such law as provided under section 26-520 of
    52  such law.
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