New York 2025-2026 Regular Session

New York Senate Bill S06114

Introduced
3/5/25  
Refer
3/5/25  

Caption

Enacts the "Home Equity Fraud Act" to control improper activities by home improvement contractors and finance companies; prohibits mortgage brokers or agents from acting as home improvement contractors; provides additional protections for mortgagors and homeowners.

Summary

The Home Equity Fraud Act (S06114) aims to protect senior citizens and minority homeowners in New York from predatory lending practices associated with home improvement contracts and mortgage agreements. The bill introduces various amendments to existing banking and real property laws, establishing stricter regulations on mortgage brokers and home improvement contractors. Key provisions include prohibiting high-cost mortgage agreements without full disclosure, limiting fees charged by mortgage brokers, and ensuring that homeowners are informed of their rights in foreclosure proceedings. The act emphasizes the need for transparency and ethical practices in the lending process to prevent exploitation of vulnerable populations.

Impact

If enacted, the Home Equity Fraud Act will significantly alter the landscape of mortgage lending and home improvement contracting in New York. It will impose stricter regulations on mortgage brokers and lenders, particularly concerning the fees they can charge and the disclosures they must provide to borrowers. Additionally, it will enhance protections for homeowners facing foreclosure, ensuring they are aware of their rights and potential defenses. This legislation aims to reduce instances of predatory lending and protect the equity of homeowners, particularly those from senior and minority communities.

Sentiment

The sentiment surrounding the Home Equity Fraud Act appears to be largely supportive, particularly among advocates for consumer protection and housing rights. Discussions indicate a recognition of the need for stronger regulations to combat predatory lending practices that disproportionately affect vulnerable populations. However, there may be some opposition from industry stakeholders concerned about the potential impact of these regulations on their business practices and profitability.

Contention

Notable points of contention include the balance between consumer protection and the operational flexibility of mortgage brokers and home improvement contractors. Some industry representatives argue that the proposed regulations may hinder their ability to conduct business effectively, potentially leading to higher costs for consumers. Conversely, advocates for the bill emphasize the necessity of these protections to prevent exploitation and ensure fair lending practices, particularly for those on fixed incomes.

Companion Bills

NY A05014

Same As Enacts the "Home Equity Fraud Act" to control improper activities by home improvement contractors and finance companies; prohibits mortgage brokers or agents from acting as home improvement contractors; provides additional protections for mortgagors and homeowners.

Previously Filed As

NY A02063

Enacts the "Home Equity Fraud Act" to control improper activities by home improvement contractors and finance companies; prohibits mortgage brokers or agents from acting as home improvement contractors; provides additional protections for mortgagors and homeowners.

NY A05014

Enacts the "Home Equity Fraud Act" to control improper activities by home improvement contractors and finance companies; prohibits mortgage brokers or agents from acting as home improvement contractors; provides additional protections for mortgagors and homeowners.

NY HB1351

Home Improvement Contractors - Disaster Mitigation Services and Fraudulent Insurance Acts - Regulation and Prohibition

NY HB06967

An Act Concerning The Assignment Of Post-loss Homeowners And Commercial Property Insurance Benefits And Revising Disclosure Requirements For Home Improvement Contractors And Salespersons.

NY SB929

Home Improvement Contractors - Disaster Mitigation Services - Regulation and Prohibition

NY HB55

Mortgages; authorize lenders to mortgagors to make additional mortgage payments

NY HB121

Provides prohibitions relative to public adjusters and home improvement contractors

NY HB1351

Home Improvement Contractors - Disaster Mitigation Services and Fraudulent Insurance Acts - Regulation and Prohibition

NY HB05263

An Act Concerning The Assignment Of Post-loss Homeowners And Commercial Property Insurance Benefits, Consumer Bill Of Rights And Revising Disclosure Requirements For Home Improvement Contractors And Salespersons.

NY SB1324

Further providing for definitions, for registration of contractors, for procedures for registration as a contractor, for application fees, for home improvement contracts and for home improvement fraud; and making a repeal.

Similar Bills

No similar bills found.