STATE OF NEW YORK
        ________________________________________________________________________
                                          2377
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 13, 2017
                                       ___________
        Introduced by Sen. ALCANTARA -- 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:
     1    Section  1. The administrative code of the city of New York is amended
     2  by adding a new section 26-416 to read as follows:
     3    § 26-416 Unauthorized legal fees.  A lessor or agent thereof shall  be
     4  prohibited  from  assessing a lessee any fee, surcharge or other charges
     5  for legal services in connection with the operation or rental of a resi-
     6  dential unit unless the lessor has the legal authority to do so pursuant
     7  to a court order. Any agreement or assessment to the contrary  shall  be
     8  void as contrary to public policy.
     9    §  2.  Section  6  of  section  4  of chapter 576 of the laws of 1974,
    10  constituting the emergency tenant protection act  of  nineteen  seventy-
    11  four, is amended by adding a new subdivision f-1 to read as follows:
    12    f-1.  A  lessor  or agent thereof shall be prohibited from assessing a
    13  lessee any fee,  surcharge  or  other  charges  for  legal  services  in
    14  connection with the operation or rental of a residential unit unless the
    15  lessor  has  the legal authority to do so pursuant to a court order. Any
    16  agreement or assessment to the contrary shall be  void  as  contrary  to
    17  public policy.
    18    § 3. Section 26-512 of the administrative code of the city of New York
    19  is amended by adding a new subdivision g to read as follows:
    20    g.  A  lessor  or  agent  thereof shall be prohibited from assessing a
    21  lessee any fee,  surcharge  or  other  charges  for  legal  services  in
    22  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.
                                                                   LBD03571-01-7

        S. 2377                             2
     1  lessor  has  the legal authority to do so pursuant to a court order. Any
     2  agreement or assessment to the contrary shall be  void  as  contrary  to
     3  public policy.
     4    §  4.  Subdivision  4 of section 4 of chapter 274 of the laws of 1946,
     5  constituting the emergency housing  rent  control  law,  is  amended  by
     6  adding a new paragraph (f) to read as follows:
     7    (f)  A  lessor  or  agent thereof shall be prohibited from assessing a
     8  lessee any fee,  surcharge  or  other  charges  for  legal  services  in
     9  connection with the operation or rental of a residential unit unless the
    10  lessor  has  the legal authority to do so pursuant to a court order. Any
    11  agreement or assessment to the contrary shall be  void  as  contrary  to
    12  public policy.
    13    § 5. The real property law is amended by adding a new section 234-a to
    14  read as follows:
    15    §  234-a.  Unauthorized legal fees. A lessor or agent thereof shall be
    16  prohibited from assessing a lessee any fee, surcharge or  other  charges
    17  for legal services in connection with the operation or rental of a resi-
    18  dential unit unless the lessor has the legal authority to do so pursuant
    19  to  a  court order. Any agreement or assessment to the contrary shall be
    20  void as contrary to public policy.
    21    § 6. This act  shall  take  effect  immediately;  provided  that:  (a)
    22  section  26-416  of  the  city  rent  and rehabilitation law as added by
    23  section one of this act shall remain in full force and  effect  only  as
    24  long  as  the  public  emergency requiring the regulation and control of
    25  residential rents and evictions continues, as provided in subdivision  3
    26  of section 1 of the local emergency housing rent control act;
    27    (b)  the  amendments  to  section 4 of chapter 576 of the laws of 1974
    28  constituting the emergency tenant protection act  of  nineteen  seventy-
    29  four  made  by  section two of this act shall expire on the same date as
    30  such act expires and shall not affect the  expiration  of  such  act  as
    31  provided in section 17 of chapter 576 of the laws of 1974;
    32    (c)  the  amendments to section 26-512 of chapter 4 of title 26 of the
    33  administrative code of the city of New York, made by  section  three  of
    34  this act shall expire on the same date as such law expires and shall not
    35  affect  the  expiration  of such law as provided under section 26-520 of
    36  such law; and
    37    (d) the amendments to section 4 of the emergency housing rent  control
    38  law  made  by  section four of this act shall expire on the same date as
    39  such law expires and shall not affect the  expiration  of  such  law  as
    40  provided  in  subdivision  2  of section 1 of chapter 274 of the laws of
    41  1946.