NY Pers Prop L § 331 (2021)
2021 New York Laws PEP - Personal Property Article 9-A - Motor Vehicle Retail Leasing Act 331 - Definitions.

§  331.  Definitions.  In  this article, unless the context or subject   matter otherwise requires:1. "Motor vehicle" or "vehicle" means any device propelled or drawn by   any power other than muscular power, upon or  by  which  any  person  or   property  is  or may be transported or drawn upon a public highway, road   or street. The term does  not  include  a  "snowmobile"  as  defined  in   subdivision three of section 21.05 of the parks, recreation and historic   preservation  law  or  other vehicles not designed primarily for highway   transportation, but which may incidentally transport persons or property   on a public highway.2. "Retail lessee" or "lessee" means a natural  person  who  leases  a   motor  vehicle  from  a  retail lessor primarily for personal, family or   household use and who executes a retail lease  agreement  in  connection   therewith.    For  purposes  of  section  three  hundred thirty-four and   subdivisions two and three of section three hundred  forty-six  of  this   article, the term also includes a person who makes a payment to a lessor   or  leaves  his  vehicle with a lessor pending the execution of a retail   lease  agreement.    Except  as  provided  in  sections  three   hundred   forty-eight  and three hundred forty-nine of this article, the term does   not  include  a  person  who  leases  a  motor  vehicle  primarily   for   agricultural,   business  or  commercial  use  or  for  the  purpose  of   subleasing.3. "Retail lessor" or "lessor" means a person regularly engaged in the   business of leasing or selling motor vehicles who leases a motor vehicle   to a retail lessee under or subject to a retail lease agreement.4. "Retail lease" or "lease" means a transfer from a retail lessor  to   a retail lessee of the right to possession and use of a motor vehicle in   return  for consideration. The term does not include a sale, including a   sale on approval or a sale  or  return,  a  retail  instalment  sale  as   defined  in article nine of this chapter or the retention or creation of   a security interest in a motor vehicle.5. "Retail lease agreement" or "agreement" means an agreement, entered   into in this state, for the lease of a  motor  vehicle,  and  which  may   include  the  purchase  of  goods  or  services incidental thereto, by a   retail lessee for a scheduled term exceeding four months, whether or not   the lessee has the option to purchase or otherwise become the  owner  of   the  vehicle  at the expiration of the agreement. The term includes such   an agreement wherever entered into if executed by  the  lessee  in  this   state and if solicited in person by a person acting on his own behalf or   that  of  the  lessor.  The  term  does  not include a retail instalment   contract or a rental-purchase agreement as defined in articles nine  and   eleven  of  this  chapter. An agreement that substantially complies with   this article does not create a security interest in a motor  vehicle  as   the  term  "security  interest"  is  defined in paragraph thirty-five of   subsection (b) of section 1--201 of the uniform commercial code.6. "Additional early termination  charge"  means  the  initial  dollar   amount  of  the  early  termination  charge  the  portion  of  which  is   recoverable by the holder upon early  termination  in  addition  to  the   amounts  specified  in  paragraphs (a) through (e) of subdivision one of   section three hundred forty-one of this article.  The  additional  early   termination  charge  may  only  include  amounts which are reasonable in   light of the anticipated or  actual  harm  caused  by  the  delinquency,   default  or early termination, the difficulties of proof of loss and the   inconvenience or  nonfeasibility  of  otherwise  obtaining  an  adequate   remedy. Any fees or charges included in the additional early termination   charge may not also be included in the capitalized cost.* 7.  "Initial early termination charge" means the sum of the adjusted   initial lease value and the additional early termination  charge,  which    would  be recoverable under the lease agreement if the agreement were to   be terminated before any of the periodic rental payments had become due.   The term does not include any  vehicle  disposition  fee  or  any  other   components  of  a  lessee's  early termination liability which could not   have been incurred by the lessee at lease inception.* NB There are 2 sb 7's* 7. "Adjusted capitalized cost" means the capitalized cost  less  any   capitalized  cost reduction payments made by the lessee at the inception   of the lease and any net trade-in allowance granted by the lessor.* NB There are 2 sb 7's8.  "Anticipated  assignee"  means  the  person  to  whom  the  lessor   anticipates  that  the  agreement  will  be  assigned  and  to  whom the   agreement subsequently is assigned by the lessor.9. "Base rental payment" means that portion of the  monthly  or  other   periodic  rental  payment  which is equal to the sum of: (a) the average   monthly or other periodic lease charge; and (b) the average  monthly  or   other  periodic  depreciation. For purposes of this article, the average   monthly or other periodic depreciation may include a  monthly  or  other   periodic  charge  for  any  item  that  the  lessor  has included in the   capitalized cost.10. "Conspicuous" means that a term or clause is  so  written  that  a   reasonable  person  against  whom it is to operate ought to have noticed   it. Whether or not a term or clause is conspicuous is a question of  law   for decision by the court.11.  "Capitalized  cost"  means the agreed upon amount which serves as   the basis for determining the base rental payment and a portion  of  the   early  termination  liability  of  the  lessee. The capitalized cost may   include any taxes, registration,  license  acquisition,  assignment  and   other  fees  and  charges for insurance, for a waiver of the contractual   obligation  to  pay  the  gap  amount,   for   accessories   and   their   installation,  for  delivering,  servicing,  repairing  or improving the   motor vehicle and for other services incidental  to  the  agreement.  It   also  may  include  the  unpaid  balance of any amount financed under an   outstanding  motor  vehicle  loan  agreement  or  motor  vehicle  retail   instalment  contract  or  the  unpaid  portion  of the early termination   obligation under an outstanding motor vehicle  retail  lease  agreement.   The term does not include any lease charge or any amount included in the   additional early termination charge.12.  "Capitalized  cost  reduction"  means  any payments made by cash,   check or similar means that are in the nature of  downpayments  made  by   the lessee at the inception of the lease for the purpose of reducing the   capitalized cost.13.  "Constant  yield  method"  means:  (a)  in the case of a periodic   payment lease, that method of determining the lease  charge  portion  of   each  base  rental  payment  pursuant to which the lease charge for each   computational period is earned in advance by  multiplying  the  constant   rate  implicit in the lease times the balance subject to lease charge as   it declines during  the  lease  term.  At  any  given  time  during  the   scheduled term of a periodic payment lease, the balance subject to lease   charge  is  the difference between the adjusted capitalized cost and the   sum of: (i)  all  depreciation  amounts  accrued  during  the  preceding   computational  periods;  and  (ii) the first base rental payment; (b) in   the  case  of  a  single  or  advance  payment  lease,  that  method  of   determining  the periodic earning of lease charges pursuant to which the   lease charge for each computational  period  is  earned  in  advance  by   multiplying  the  constant  rate implicit in the lease times the balance   subject to lease charge as it increases during the scheduled lease term.   At any given time during the scheduled  term  of  a  single  or  advance    payment  lease,  the  balance  subject  to lease charge is determined by   subtracting from the estimated residual value  the  total  lease  charge   scheduled  to  be  earned  over  the term of the lease and adding to the   difference  all lease charges accrued during the preceding computational   periods; (c) in the case of either type of  lease,  the  periodic  lease   charge  calculations  are  based  on the assumption that the holder will   receive the rental payments on their exact due dates and that the  lease   goes to its full term.14. "Estimated residual value" means the estimated value of the leased   vehicle  at  the  scheduled end of the lease term, used by the lessor in   determining the base rental payment, as established by the lessor at the   time he enters into a retail lease agreement.15. "Gap amount" has the meaning ascribed to it in paragraph fifty-two   of subsection (a) of section one hundred seven of the insurance law.16. "Gap insurance" has  the  meaning  ascribed  to  it  in  paragraph   twenty-six  of  subsection  (a)  of  section  one  thousand  one hundred   thirteen of the insurance law. For purposes of paragraphs (a) and (b) of   subdivision six of section three hundred thirty-seven of  this  article,   gap  insurance  shall not be deemed "liability insurance or insurance on   the vehicle".17. "Group credit insurance" means group credit life insurance,  group   credit  accident  insurance, group credit health insurance, group credit   accident and health insurance or group credit unemployment insurance.18. "Holder" means the retail lessor  of  a  motor  vehicle  under  or   subject to a retail lease agreement or, if the agreement is purchased by   an  assignee,  the  assignee.  Unless  and  until  it  realizes upon its   security interest therein, the term does not include a pledgee of one or   more lease agreements to secure a bona fide loan thereon.19. "Lease charge" means the charge to be paid by  the  retail  lessee   for  the  privilege  of  making the rental payments as scheduled under a   retail lease agreement. The term does not include any amount included in   the capitalized cost. The term also does not  include  any  delinquency,   default,  disposition,  early  termination, collection, or reinstatement   charge and the amount, if any, included in a retail lease agreement  for   taxes,  registration, license acquisition, assignment and other fees and   charges for insurance,  for  accessories  and  their  installation,  for   delivering,  servicing, repairing or improving the motor vehicle and for   other services incidental to the agreement, whether or not such  amounts   are  included  in  the  capitalized  cost,  paid for separately at lease   inception by cash, check or similar means or paid for on  a  monthly  or   other periodic basis in addition to the base rental payment.20.   "Person"   means   an   individual,   partnership,  corporation,   association or other group, however organized.21. "Precomputed lease transaction" means a retail  lease  transaction   in  which  the  base  rental  obligation  is  a sum comprising the total   depreciation estimated to occur during the scheduled term of  the  lease   and  the  amount  of  the lease charge computed in advance. A disclosure   required by the act of Congress entitled "Consumer Leasing Act of  1976"   does not in itself make a lease charge or transaction precomputed.22.  "Realized  value" means: (a) the price received by the holder for   the leased vehicle at disposition; (b) the highest offer received by the   holder for disposition of the leased vehicle; or  (c)  the  fair  market   value  of the vehicle, determined pursuant to subdivision one of section   three hundred forty of this article by a mutually acceptable independent   appraiser, at the scheduled end of the lease term or, if  the  lease  is   terminated  prior  thereto,  at early termination. The realized value of   the vehicle may be its value in the customary wholesale market. 23. "Renegotiation" means the satisfaction of an existing retail lease   agreement and the replacement of the existing agreement by a  new  lease   agreement  undertaken  by the same lessor or holder and the same lessee.   The term does not include: (a) the substitution of the leased vehicle or   the  addition  or return of a vehicle in a multiple-vehicle lease, if in   either case the average payment allocable to  a  rental  period  is  not   increased  by more than twenty-five percent; (b) a deferral or extension   of one or more periodic payments, or portions of a periodic payment; (c)   a reduction in charges in the agreement; (d) an  agreement  involving  a   court  proceeding;  or  (e)  any other agreement or event which does not   constitute  a  "renegotiation"  under  the  act  of  Congress   entitled   "Consumer  Leasing  Act of 1976" and the regulations thereunder, as such   act and regulations may from time to time be amended.24. Words in the singular include the plural and vice versa.