NY State Senate Bill 2019-S3358A

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to housing, construction and community development returned to senate died in assembly
May 01, 2019	referred to housing delivered to assembly passed senate
Apr 29, 2019	advanced to third reading
Apr 10, 2019	2nd report cal.
Apr 09, 2019	1st report cal.450
Apr 03, 2019	print number 3358a
Apr 03, 2019	amend and recommit to housing, construction and community development
Feb 06, 2019	referred to housing, construction and community development

Votes

- May 1, 2019 - Floor Vote
  S3358A
  
  41
  
  Aye
  
  21
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 1, 2019
      
      aye (41)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (21)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Boyle
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jacobs
      
      Jordan
      
      LaValle
      
      Lanza
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Serino
      
      Seward
      
      Tedisco
  Apr 8, 2019 - Housing, Construction And Community Development Committee Vote
  S3358A
  
  7
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Housing, Construction And Community Development Committee Vote: Apr 8, 2019
      
      aye (7)
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Mayer
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (4)
      
      Amedore
      
      Boyle
      
      Helming
      
      Little

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S3358 - Details

See Assembly Version of this Bill:: A2623
Current Committee:: Senate Housing, Construction And Community Development
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: S6113, A8262
2015-2016: S3591, A1156
2017-2018: S2377, A1089
2021-2022: S2014, A5040

2019-S3358 - 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-S3358 - Sponsor Memo

                                
 
BILL NUMBER: S3358

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the administrative code of the city of New York, the
emergency tenant protection act of nineteen seventy-four, the emergency
housing rent control law and the real property law, in relation to
prohibiting charges for legal fees

 
PURPOSE:

This bill would prohibit a landlord from including any legal fees not
awarded pursuant to a court order on any correspondence to a tenant.

 
SUMMARY OF PROVISIONS:

Section 1 amends the administrative code of the City of New York by
adding section 26-416 that would prohibit a lessor or agent 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

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.

Section 2 amends sections 6 of section 4 of chapter 576 of the laws of
1974, constituting the emergency tenant protection act of nineteen
seventy-four by adding a new subdivision f-1 that would prohibit a
lessor or agent 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.

Section 3 amends section 26-512 of the administrative code of the city
of New York by adding a new subdivision g that would prohibit a lessor
or agent 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.

Section 4 amends subdivision 4 of section 4 of chapter 274 of the laws
of 1946, constituting the emergency housing rent control law that would
prohibit a lessor or agent 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.

Section 5 amends the real property law by adding a new section 234-a
that would prohibit a lessor or agent thereof from charging or including
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.

Section 6 sets the effective date.

 
JUSTIFICATION:

Nearly half of all New Yorkers live below or close to the poverty line.
Accordingly, it is critical that New York City has protections in place
to safeguard its residents' basic necessities, one of the most important
of which is housing. With an average rent of over 51,000 in the City of
New York, programs that reduce the rent burden are essential. One impor-
tant example is New York City's system of rent control and rent stabili-
zation, which provides a variety of tenant protections to over 2 million
people.

Despite the high need for these tenant protections, many landlords are
increasing the cost of housing, by imposing non-rent fees on rent stabi-
lized tenants. One major example, and the focus of this bill, is a fee
or surcharge for legal services. Landlords do not have legal authority
to impose a legal fee unless: a) The tenant's lease has a clause that
allows the landlord to seek such fees; b) The tenant is sued by the
landlord in a court and; c) Either a judge has ordered a tenant to pay
the legal fees or the tenant has agreed to pay the fee in a court
approved agreement.

Most of the time, landlords add these surcharges without meeting any of
the above conditions. A recent survey of tent stabilized tenants indi-
cates that 56% were charged a legal fee in the last year and on average,
the fee exceeded 1,000 dollars: Many tenants feel forced to pay these
fees because they fear eviction. This bill is necessary to protect low-
income tenants in New York City and ensure that they are not being
charged more than they legally owe for rent. This extra cost raises
rents and makes rent controlled and rent stabilized apartments unafford-
able for many New Yorkers.

 
LEGISLATIVE HISTORY:

2017-18: A.1089 - Referred to Codes/S.2377 - Referred to Housing,
Construction, and Community Development

2015-16: A.1156A - Third Reading Rules Calendar No. 262/S.3591A-
Referred to Judiciary

2013-14: A.8262-A - Referred to Rules/S.6113-B- Referred to Judiciary

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3358 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3358
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen. JACKSON -- 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:
 
   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
 CONNECTION WITH THE OPERATION OR RENTAL OF A RESIDENTIAL UNIT UNLESS THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00648-01-9

 S. 3358                             2
 
 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

2019-S3358A (ACTIVE) - Details

See Assembly Version of this Bill:: A2623
Current Committee:: Senate Housing, Construction And Community Development
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: S6113, A8262
2015-2016: S3591, A1156
2017-2018: S2377, A1089
2021-2022: S2014, A5040

2019-S3358A (ACTIVE) - Summary

2019-S3358A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3358A

SPONSOR: JACKSON
 
TITLE OF BILL:  An act to amend the administrative code of the city of
New York, the emergency tenant protection act of nineteen seventy-four,
the emergency housing rent control law and the real property law, in
relation to prohibiting charges for legal fees

 
PURPOSE:

This bill would prohibit a landlord from including any legal fees not
awarded pursuant to a court order on any correspondence to a tenant.

 
SUMMARY OF PROVISIONS:

Section 1 amends the administrative code of the City of New York by
adding section 26-416 that would prohibit an owner, lessor or agent 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.

Section 2 amends sections 6 of section 4 of chapter 576 of the laws of
1974, constituting the emergency tenant protection act of nineteen
seventy-four by adding a new subdivision f-1 that would prohibit an
owner, lessor or agent 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.

Section 3 amends section 26-512 of the administrative code of the city
of New York by adding a new subdivision g that would prohibit an owner,
lessor or agent 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.

Section 4 amends subdivision 4 of section 4 of chapter 274 of the laws
of 1946, constituting the emergency housing rent control law that would
prohibit an owner, lessor or agent 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 represen-
tation, 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.

Section 5 amends the real property law by adding a new section 234-a
that would prohibit an owner, lessor or agent thereof from charging or
including 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 adminis-
trative 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.

Section 6 sets the effective date.

 
JUSTIFICATION:

Nearly half of all New Yorkers live below or close to the poverty line.
Accordingly, it is critical that New York City has protections in place
to safeguard its residents' basic necessities, one of the most important
of which is housing. With an average rent of over $51,000 in the City of
New York, programs that reduce the rent burden are essential. One impor-
tant example is New York City's system of rent control and rent stabili-
zation, which provides a variety of tenant protections to over 2 million
people.

Despite the high need for these tenant protections, many landlords are
increasing the cost of housing, by imposing non-rent fees on rent stabi-
lized tenants. One major example, and the focus of this bill, is a fee
or surcharge for legal services. Landlords do not have legal authority
to impose a legal fee unless: a) the tenant's lease has a clause that
allows the landlord to seek such fees; b) the tenant is sued by the
landlord in a court and; c) either a judge has ordered a tenant to pay
the legal fees or the tenant has agreed to pay the fee in a court
approved agreement.

Most of the time, landlords add these surcharges without meeting any of
the above conditions. A recent survey of rent-stabilized tenants indi-
cates that 56% were charged a legal fee in the last year and on average,
the fee exceeded $1,000. Many tenants feel forced to pay these fees
because they fear eviction. This bill is necessary to protect low-income
tenants in New York City and ensure that the y are not being charged
more than they legally owe for rent. This extra cost raises rents and
makes rent controlled and rent stabilized apartments unaffordable for
many New Yorkers.

 
LEGISLATIVE HISTORY:

2017-2018: A.1089 - Referred to Codes/S.2377 - Referred to Housing,
Construction, and Community Development


2015-2016: A.1156-A - Third Reading Rules Calendar No. 262/S.3591-A -
Referred to Judiciary

2013-2014: A.8262-A - Referred to Rules/S.6113-B - Referred to Judiciary

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3358A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3358--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 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 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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.

                                                            LBD00648-02-9

 S. 3358--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

 S. 3358--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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Senate Bill S3358A

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

May 1, 2019 - Floor Vote

Floor Vote: May 1, 2019

Apr 8, 2019 - Housing, Construction And Community Development Committee Vote

Housing, Construction And Community Development Committee Vote: Apr 8, 2019

Bill Amendments

co-Sponsors

2019-S3358 - Details

2019-S3358 - Summary

2019-S3358 - Sponsor Memo

2019-S3358 - Bill Text download pdf

co-Sponsors

2019-S3358A (ACTIVE) - Details

2019-S3358A (ACTIVE) - Summary

2019-S3358A (ACTIVE) - Sponsor Memo

2019-S3358A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3358A

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Sponsored By

Robert Jackson

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

co-Sponsors

Alessandra Biaggi

2019-S3358 - Details

2019-S3358 - Summary

2019-S3358 - Sponsor Memo

2019-S3358 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

2019-S3358A (ACTIVE) - Details

2019-S3358A (ACTIVE) - Summary

2019-S3358A (ACTIVE) - Sponsor Memo

2019-S3358A (ACTIVE) - Bill Text download pdf

Comments