New York Laws
Title 5 - Interest and Usury; Brokerage on Loans
5-531 - Brokerage on Loans; Recovery of Excess; Effect of Restitution.

§ 5-531. Brokerage on loans; recovery of excess; effect of
restitution. 1. No person shall, directly or indirectly, take or receive
more than fifty cents for a brokerage, soliciting, driving or procuring
the loan or forbearance of one hundred dollars, and in that proportion
for a greater or less sum, except loans on real estate security; nor
more than thirty-eight cents for making or renewing any bond, bill, note
or other security given for such loan or forbearance, or for any counter
bond, bill, note or other security concerning the same.

2. For the purposes of this section:

a. "Consumer" means a natural person.

b. "Loan broker" means any individual, firm, corporation, or
partnership who agrees for a fee to obtain a loan or credit for a
consumer or to assist a consumer in obtaining a loan or credit, other
than a loan or credit on real estate security.

c. No loan broker shall solicit, receive or collect from a consumer
the fee authorized by subdivision one of this section in advance of the
disbursement of loan proceeds or the extension of credit to a consumer.

d. No loan broker shall solicit, receive or collect from a consumer
any fee, advance payment or compensation of any nature other than the
fee authorized by subdivision one of this section.

3. a. Every person who shall pay, deliver or deposit any money,
property or thing in action, over and above the rate aforesaid, and his
personal representatives may, within three years after such payment,
delivery or deposit, sue for and recover the same of the person so
taking or receiving such money, property or thing in action, or of his
personal representatives. Judgment may be entered in favor of a consumer
in an amount not to exceed three times the actual damages plus
reasonable attorneys' fees.

b. In case such suit shall not be brought within the time above
prescribed, in good faith, or in case it shall be discontinued, or
willfully delayed, then the public welfare officials of the city or town
where the offense was committed, may, within one year after such
neglect, discontinuance or delay, sue for and recover the money,
property or thing in action, so received, delivered or deposited, from
the person receiving the same, or his personal representatives, for the
use of the poor of the county.

c. In addition to the other remedies provided, whenever there shall be
a violation of subdivision two of this section, application may be made
by the attorney general in the name of the people of the state of New
York to a court or justice having jurisdiction by a special proceeding
to issue an injunction, and upon notice to the defendant of not less
than five days, to enjoin and restrain the continuance of such
violations; and if it shall appear to the satisfaction of the court or
justice that the defendant has, in fact, violated this article, an
injunction may be issued by such court or justice, enjoining and
restraining any further violation, without requiring proof that any
person has, in fact, been injured or damaged thereby. In any such
proceeding, the court may make allowances to the attorney general as
provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution. Whenever the court shall determine that a violation of this
article has occurred, the court may impose a civil penalty of not more
than one thousand dollars for each violation. In connection with any
such proposed application, the attorney general is authorized to take
proof and make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.