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Posted by Gary on September 17, 1997 at 10:51:30:

In Reply to: Re: Late fees in rent-stabilized buildings posted by TenantNet on September 14, 1997 at 02:43:16:

: It's not so much a matter of legality (I think they might be), but how
: to collect. If you ignore paying them (and just keep paying the rent),
: from the cases I've seen (but lawyers just jump in here), the owner
: cannot sue you for the late fees in housing court; he would have to seek
: them in either Small Claims court of Civil Court. I remember one housing
: court case that was discontinued because the owner added the outstanding
: late fees in with the rent demanded.

I was wondering about their legality because of some comments made by the head of the state senate (or assembly?) housing committee, Vito Lopez I think it was, at a public meeting not long before expiration of the rent laws. Lopez said in passing something to the effect that if the landlord win here, they could get a law passed allowing late fees.
That got me to thinking about the late fee clause in my lease. I figured, based on his comment, that there must be some legal prohibition against late fees.

Follow Ups:

• Re: Late fees in rent-stabilized buildings Bill Rowen 9/18/97 (4)
  • We're both wrong TenantNet 9/19/97 (1)
    • Re: We're both wrong gary 9/23/97 (0)
  • Re: Late fees in rent-stabilized buildings Tony G. 9/19/97 (0)
  • Re: Late fees in rent-stabilized buildings gary 9/19/97 (0)

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Comments:
: 
: : It's not so much a matter of legality (I think they might be), but how
: : to collect. If you ignore paying them (and just keep paying the rent),
: : from the cases I've seen (but lawyers just jump in here), the owner
: : cannot sue you for the late fees in housing court; he would have to seek
: : them in either Small Claims court of Civil Court. I remember one housing
: : court case that was discontinued because the owner added the outstanding
: : late fees in with the rent demanded.

: I was wondering about their legality because of some comments made by the head of the state senate (or assembly?) housing committee, Vito Lopez I think it was, at a public meeting not long before expiration of the rent laws. Lopez said in passing something to the effect that if the landlord win here, they could get a law passed allowing late fees.
: That got me to thinking about the late fee clause in my lease. I figured, based on his comment, that there must be some legal prohibition against late fees.


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