NY State Assembly Bill 2019-A2623

Archive: Last Bill Status - In Assembly Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to codes
May 29, 2019	reported referred to codes
Apr 03, 2019	print number 2623a
Apr 03, 2019	amend and recommit to housing
Jan 24, 2019	referred to housing

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2019-A2623 - Details

Current Committee:: Assembly Codes
Law Section:: New York City Administrative Code
Laws Affected:: 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
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8262
2015-2016: A1156
2017-2018: A1089
2021-2022: A5040

2019-A2623 - Summary

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.

2019-A2623 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2623
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  GOTTFRIED,  L. ROSENTHAL, MOSLEY,
   PICHARDO, COOK, CRESPO, BENEDETTO, PERRY, BARRON -- Multi-Sponsored by
   -- M. of A.  ARROYO, DenDEKKER, 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.  A 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 RESI-
 DENTIAL UNIT UNLESS THE LESSOR HAS THE LEGAL AUTHORITY TO DO SO PURSUANT
 TO A COURT ORDER. 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.  A  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
 LESSOR  HAS  THE LEGAL AUTHORITY TO DO SO PURSUANT TO A COURT ORDER. 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.  A  LESSOR  OR  AGENT  THEREOF SHALL BE PROHIBITED FROM ASSESSING A
 LESSEE ANY FEE,  SURCHARGE  OR  OTHER  CHARGES  FOR  LEGAL  SERVICES  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00648-01-9

 A. 2623                             2
 
 CONNECTION WITH THE OPERATION OR RENTAL OF A RESIDENTIAL UNIT UNLESS THE
 LESSOR  HAS  THE LEGAL AUTHORITY TO DO SO PURSUANT TO A COURT ORDER. 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)  A  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
 LESSOR  HAS  THE LEGAL AUTHORITY TO DO SO PURSUANT TO A COURT ORDER. 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. A 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 RESI-
 DENTIAL UNIT UNLESS THE LESSOR HAS THE LEGAL AUTHORITY TO DO SO PURSUANT
 TO  A  COURT ORDER. 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;
   (b)  the  amendments  to  section 4 of chapter 576 of the laws of 1974
 constituting the emergency tenant protection act  of  nineteen  seventy-
 four  made  by  section two of this act shall expire on the same date as
 such act expires and shall not affect the  expiration  of  such  act  as
 provided in section 17 of chapter 576 of the laws of 1974;
   (c)  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; and
   (d) the amendments to section 4 of the emergency housing rent  control
 law  made  by  section four of this act shall expire on the same date as
 such law expires and shall not affect the  expiration  of  such  law  as
 provided  in  subdivision  2  of section 1 of chapter 274 of the laws of
 1946.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2019-A2623A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: New York City Administrative Code
Laws Affected:: 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
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8262
2015-2016: A1156
2017-2018: A1089
2021-2022: A5040

2019-A2623A (ACTIVE) - Summary

2019-A2623A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2623--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  GOTTFRIED,  L. ROSENTHAL, MOSLEY,
   PICHARDO, COOK, CRESPO, BENEDETTO, PERRY, BARRON -- Multi-Sponsored by
   -- M. of A.  ARROYO, DenDEKKER, GLICK -- read once and referred to the
   Committee on Housing -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00648-03-9

 A. 2623--A                          2
 
 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.
   § 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;
   (b) the amendments to section 4 of chapter 576 of  the  laws  of  1974
 constituting  the  emergency  tenant protection act of nineteen seventy-
 four made by section two of this act shall expire on the  same  date  as
 such  act  expires  and  shall  not affect the expiration of such act as
 provided in section 17 of chapter 576 of the laws of 1974;
   (c) 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

 A. 2623--A                          3
 
 affect the expiration of such law as provided under  section  26-520  of
 such law; and
   (d)  the amendments to section 4 of the emergency housing rent control
 law made by section four of this act shall expire on the  same  date  as
 such  law  expires  and  shall  not affect the expiration of such law as
 provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
 1946.

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Assembly Bill A2623

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2019-A2623 - Details

2019-A2623 - Summary

2019-A2623 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2019-A2623A (ACTIVE) - Details

2019-A2623A (ACTIVE) - Summary

2019-A2623A (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A2623

Share this bill

Sponsored By

DINOWITZ

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Richard Gottfried

Linda Rosenthal

Walter T. Mosley

Victor M. Pichardo

multi-Sponsors

Carmen E. Arroyo

Michael DenDekker

Deborah Glick

2019-A2623 - Details

2019-A2623 - Summary

2019-A2623 - Bill Text download pdf

co-Sponsors

Richard Gottfried

Linda Rosenthal

Walter T. Mosley

Victor M. Pichardo

multi-Sponsors

Carmen E. Arroyo

Michael DenDekker

Deborah Glick

2019-A2623A (ACTIVE) - Details

2019-A2623A (ACTIVE) - Summary

2019-A2623A (ACTIVE) - Bill Text download pdf

Comments