Will the rent law of 2019 affect the ability of condo boards to charge tenants the high fees they often do, as a way of generating money for the condo? It would seem that the goal of the legislation is to eliminate all such fees. The specific wording is here: "1. (a) Except in instances where statutes or regulations provide for a payment, fee or charge, no landlord, lessor, sub-lessor or grantor... [more]
Will the rent law of 2019 affect the ability of condo boards to charge tenants the high fees they often do, as a way of generating money for the condo? It would seem that the goal of the legislation is to eliminate all such fees. The specific wording is here:
"1. (a) Except in instances where statutes or regulations provide for a payment, fee or charge, no landlord, lessor, sub-lessor or grantor may demand any payment, fee, or charge for the processing, review or acceptance of an application, or demand any other payment, fee or charge before or at the beginning of the tenancy, except background checks and credit checks as provided by paragraph (b) of this subdivision"
https://legislation.nysenate.gov/pdf/bills/2019/S6458
The question, it would seem to me, is whether a condo Board is considered a grantor. Since the condo board typically exercises a ROFR and grants use of the common elements, it would seem the condo board could be considered a grantor. Unfortunately I can't find the relevant definition of landord, grantor, etc. Anyone have any thoughts?
In the case of a coop board, since the coop itself is the lessor, it would seem they may need to rethink their fees.
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Response by Anton
over 6 years ago
Posts: 507
Member since: May 2019
Then they will let the brokers to charge such fees
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Response by 30yrs_RE_20_in_REO
over 6 years ago
Posts: 9877
Member since: Mar 2009
George,
Isn't this for Rent Stabilized buildings only?
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Response by UptownSpecialist
over 6 years ago
Posts: 139
Member since: May 2013
30yrs- not neccessarily - we still have our attorney's reviewing, but I do know there were changes to market rate situations as well. Security deposits, landlord fees, lease breaks- these all had changes associated with market rate apartments written into the new laws. That said- it also sounds like there is a lot of areas that could be challenged in the courts and a lot that needs proper interpretation before I comment on any specifics.
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Response by Anton
over 6 years ago
Posts: 507
Member since: May 2019
it sounds very bad
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Response by ToRenoOrNotToReno
over 6 years ago
Posts: 119
Member since: Jul 2017
It's great how Anton's non-sequitur / zero-thought comments don't need approval but mine do :rollingeyes:
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Response by George
over 6 years ago
Posts: 1327
Member since: Jul 2017
The fee and security deposit caps apply to ALL rentals. No landlord or lease grantor may charge more than $20 of fees of any kind. Period. The way around for Boards is to change the byelaws and impose the fee on the owner of the unit or shares. Until then, it seems that the safest thing to do is to waive the fees or at least not cash the cheques until the situation is clearer.
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Response by stache
over 6 years ago
Posts: 1298
Member since: Jun 2017
ToReno, Once you reach a certain # of posts (maybe 25?) you can post freely without review.
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Then they will let the brokers to charge such fees
George,
Isn't this for Rent Stabilized buildings only?
30yrs- not neccessarily - we still have our attorney's reviewing, but I do know there were changes to market rate situations as well. Security deposits, landlord fees, lease breaks- these all had changes associated with market rate apartments written into the new laws. That said- it also sounds like there is a lot of areas that could be challenged in the courts and a lot that needs proper interpretation before I comment on any specifics.
it sounds very bad
It's great how Anton's non-sequitur / zero-thought comments don't need approval but mine do :rollingeyes:
The fee and security deposit caps apply to ALL rentals. No landlord or lease grantor may charge more than $20 of fees of any kind. Period. The way around for Boards is to change the byelaws and impose the fee on the owner of the unit or shares. Until then, it seems that the safest thing to do is to waive the fees or at least not cash the cheques until the situation is clearer.
ToReno, Once you reach a certain # of posts (maybe 25?) you can post freely without review.