What's happening
This bill prohibits landlords from charging tenants legal fees related to residential units unless authorized by a court order.
Why it matters
Prevents landlords from shifting legal costs onto tenants except when explicitly authorized by a judge. , meaning tenants are less likely to face unexpected legal bills outside of court proceedings.
Overrides lease agreements and private deals that attempt to impose legal fees on tenants. , ensuring that such clauses are automatically void and cannot be enforced, thus strengthening tenant protections.
Applies across multiple housing laws and rent control statutes. , meaning both rent-regulated and non-regulated tenants are covered, reducing the risk of loopholes or uneven application.
May deter landlords from initiating unnecessary or aggressive legal actions. against tenants, since they can't automatically recover their legal fees unless approved by a court, potentially leading to more equitable landlord-tenant relations.
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Who cares
Headline styles
Ban Landlord Legal Fee Charges
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
4 Multi-sponsors
History
- Reported referred to codes
- Referred to housing
- Referred to housing
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Landlord Legal Fee Charges
In Senate Committee · Housing, Construction And Community Development · Sponsor Marisol Alcantara
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1089
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
Introduced by M. of A. DINOWITZ, GOTTFRIED, ROSENTHAL, MOSLEY, PICHARDO, COOK, CRESPO, SEPULVEDA, BENEDETTO, KAVANAGH, PERRY -- Multi-Sponsored by -- M. of A. ARROYO, DenDEKKER, GLICK, MAYER -- 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 emergency 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 Assembly, 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 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.
§ 2. Section 6 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventyfour, 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.
LBD03571-01-7
A. 1089 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 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.
§ 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 seventyfour 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.