New York 2025-2026 Regular Session

New York Senate Bill S09796

Introduced
4/6/26  

Caption

Prohibits pre-payment penalties for mortgages secured by real property owned in a cooperative form of ownership where over fifty percent of the units are shareholder occupied.

Impact

By eliminating pre-payment penalties, the bill seeks to promote fairness and flexibility for residents in cooperative housing arrangements. This change is expected to provide homeowners with more control over their financial obligations while potentially enhancing the appeal of cooperative living arrangements in New York. The removal of such penalties may encourage more cooperative ownership structures as residents will no longer be hindered by restrictive financial terms when considering their mortgage options.

Summary

Bill S09796, introduced by Senator Sepulveda, aims to amend the general obligations law regarding pre-payment penalties for mortgages. The bill specifically prohibits such penalties for loans secured by real property owned in a cooperative form of ownership, provided that over fifty percent of the units are occupied by shareholders. This legislation is significant as it addresses potential financial burdens on cooperative housing owners, making it easier for them to re-finance or pay off mortgages without incurring additional fees or penalties.

Contention

Discussions around bill S09796 may center on the financial implications for lenders, as this change could affect the revenue generated from mortgage contracts. While proponents argue that the bill is a necessary consumer protection measure, critics from the banking sector might express concerns regarding the potential for increased defaults on loans if borrowers have fewer penalties to consider. Ensuring a balance between protecting consumer rights and maintaining lender interests could be a key point of contention as the bill progresses through the legislative process.

Companion Bills

NY A00088

Same As Prohibits pre-payment penalties for mortgages secured by real property owned in a cooperative form of ownership where over fifty percent of the units are shareholder occupied.

Previously Filed As

NY A00088

Prohibits pre-payment penalties for mortgages secured by real property owned in a cooperative form of ownership where over fifty percent of the units are shareholder occupied.

NY S01323

Prohibits pre-payment penalties for mortgages secured by real property owned in a cooperative form of ownership where over fifty percent of the units are shareholder occupied.

NY S3073

Limits mortgage prepayment rules to mortgages on owner-occupied properties with one to four dwelling units.

NY H8104

Limits the provisions related to prepayment of real estate mortgages to those mortgage loans made for real estate containing owner occupied dwelling houses of not more than four dwelling units.

NY S09572

Requires at least one director on a board of directors of a residential cooperative housing corporation be a primary resident of such residential cooperative housing corporation; prohibits the charging of payments, fees or charges by cooperative housing corporations without thirty days written notice to such cooperative housing corporation's shareholders.

NY A10983

Requires at least one director on a board of directors of a residential cooperative housing corporation be a primary resident of such residential cooperative housing corporation; prohibits the charging of payments, fees or charges by cooperative housing corporations without thirty days written notice to such cooperative housing corporation's shareholders.

NY S09514

Prohibits certain financial institutions from charging a fee for making monthly, semi-monthly, and biweekly payments or for changing the frequency of mortgage payments.

NY A09588

Prohibits certain financial institutions from charging a fee for making monthly, semi-monthly, and biweekly payments or for changing the frequency of mortgage payments.

NY HB55

Mortgages; authorize lenders to mortgagors to make additional mortgage payments

NY S09694

Increases penalties for owners of rent-regulated property who overcharge tenants.

Similar Bills

No similar bills found.