Bill Text: NY A04862 | 2011-2012 | General Assembly | Introduced

---

Bill Title: Requires written notice of wear and tear damage that a motor vehicle lease holder is liable for.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-18 - held for consideration in consumer affairs and protection [A04862 Detail]

Download: New_York-2011-A04862-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4862
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 8, 2011
                                      ___________
       Introduced by M. of A. BUTLER -- read once and referred to the Committee
         on Consumer Affairs and Protection
       AN  ACT  to  amend  the  personal property law, in relation to requiring
         vehicle retail lease agreements charging for excess  wear  to  itemize
         the components examined to make such determination
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 2 of  section  343  of
    2  the  personal  property  law,  as  amended by chapter 111 of the laws of
    3  1995, is amended to read as follows:
    4    In order for a holder to impose a charge for excess wear and damage to
    5  a vehicle subject to a retail lease  agreement,  [such  agreement  shall
    6  contain  a  clause  describing the excess wear and damage to the vehicle
    7  for which the lessee may be liable] SUCH HOLDER MUST PROVIDE THE  LESSEE
    8  WITH  A  WRITTEN  STATEMENT DESCRIBING THE EXCESS WEAR AND DAMAGE TO THE
    9  VEHICLE FOR WHICH THE LESSEE MAY BE LIABLE. THIS STATEMENT MUST  CONTAIN
   10  A  PROVISION  SPECIFICALLY ITEMIZING ALL COMPONENTS OF THE VEHICLE TO BE
   11  EXAMINED AND THE METHOD USED TO EXAMINE THE VEHICLE BEFORE  ARRIVING  AT
   12  THE  FINAL  EXCESSIVE  WEAR  AND DAMAGE CHARGE. THIS INFORMATION MUST BE
   13  PROVIDED TO THE CONSUMER PRIOR TO THE SIGNING OF  THE  LEASE  AGREEMENT.
   14  Such  holder  shall,  not more than forty days nor less than twenty days
   15  prior to the scheduled termination date, or, not more than ten  business
   16  days  after  the date of an early termination of a lease agreement, mail
   17  or deliver to the lessee a notice advising the lessee of  the  following
   18  rights and obligations of the parties, herein granted and imposed:
   19    S  2.  This act shall take effect September 1, 2011 and shall apply to
   20  all retail leases entered into on and after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08433-01-1