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 unexpected or excessive financial burdens on tenants. by making it illegal for landlords to pass on legal-related costs (like attorney fees, court fees, notary charges, or administrative/legal representation costs) unless a court specifically authorizes it, ensuring tenants aren’t unfairly penalized for disputes or management issues.
Nullifies any lease clauses or agreements that attempt to impose these legal fees without court approval. , protecting tenants from potentially deceptive or boilerplate lease provisions that could otherwise trap them into paying extra costs.
Applies broadly across rent-regulated and non-regulated residential rentals in New York. , ensuring consistent tenant protections in various types of housing, including those under emergency rent laws and standard real property law, not just in one narrow segment of the market.
Shifts legal risk and cost management back onto landlords and property managers. unless a court has ruled otherwise, which could encourage fairer dispute resolution and discourage frivolous or punitive legal actions against tenants.
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Who cares
Headline styles
Ban Landlord Legal Fee Charges
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- Reported referred to codes
- Print number 2623a
- Amend and recommit 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 Robert Jackson
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2623--A
2019-2020 Regular Sessions
IN ASSEMBLY
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 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. 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 seventyfour, 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 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.
§ 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 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.
§ 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 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
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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