Senate Bill S7801

Signed By Governor
2021-2022 Legislative Session

Relates to prohibiting legal fees to be charged by a lessor or agent thereof

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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2021-S7801 (ACTIVE) - Details

See Assembly Version of this Bill:
A8750
Law Section:
Real Property Law
Laws Affected:
Amd §234-a, RP L (as proposed in S.2014 & A.5040)

2021-S7801 (ACTIVE) - Summary

Exempts shareholders of cooperative housing corporations from new provisions of law prohibiting legal fees in connection with the operation or rental of a residential unit.

2021-S7801 (ACTIVE) - Sponsor Memo

2021-S7801 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7801
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the real property law, in relation to unauthorized legal
   fees in connection with the operation or rental of a residential unit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 234-a of the real property law, as added by a chap-
 ter  of the laws of 2021 amending 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 relat-
 ing to prohibiting charges for legal fees, as  proposed  in  legislative
 bills numbers S. 2014 and A. 5040, is amended to read as follows:
   § 234-a. Unauthorized legal fees. (A) An owner, lessor or agent there-
 of  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.   THE PROVISIONS  OF
 THIS SUBDIVISION SHALL NOT APPLY TO A SHAREHOLDER OF A COOPERATIVE HOUS-
 ING CORPORATION, PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SUBDIVI-
 SION  SHALL  APPLY  WITH  RESPECT  TO  ANY TENANT OR SUBTENANT OF SUCH A
 SHAREHOLDER.
   (B) 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 manage-
 ment of the building, including actions and proceedings in  a  court  of
 law.
   (C)  Any  agreement  or  assessment  [to the] contrary TO THIS SECTION
 shall be void as contrary to public policy.
   § 2. This act shall take effect on the same date and the  same  manner
 as a chapter of the laws of 2021 amending the administrative code of the
 city of New York, the emergency tenant protection act of nineteen seven-
 ty-four,  the  emergency  housing rent control law and the real property
 law relating to prohibiting charges  for  legal  fees,  as  proposed  in
 legislative bills numbers S. 2014 and A. 5040, takes effect.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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