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Senate Bill S7811

Signed By Governor

2009-2010 Legislative Session

Prohibits the implementation of electronic billing and/or payment of rent without the tenant's consent

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Archive: Last Bill Status Via A10878 - Signed by Governor

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Bill Amendments

2009-S7811 - Details

Law Section:
Real Property Law
Laws Affected:
Add §238-a, RPT L

2009-S7811 - Summary

Prohibits the implementation of electronic billing and/or payment of rent by a landlord without the tenant's consent; landlords shall not require participation in an electronic payment system as the only method for payment of rent; provides that a landlord shall not impose any fee or other charge upon tenants who choose not to use electronic billing and/or payment systems.

2009-S7811 - Sponsor Memo

2009-S7811 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7811

                            I N  S E N A T E

                              May 13, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation  to  prohibiting  the
  implementation  of  electronic  billing and/or payment of rent without
  the tenant's consent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   The real property law is amended by adding a new section
238-a to read as follows:
  S 238-A.  ELECTRONIC BILLING AND/OR PAYMENT OF  RENT.  1.  A  LANDLORD
SHALL NOT IMPLEMENT AN ELECTRONIC BILLING AND/OR PAYMENT SYSTEM FOR RENT
WITHOUT  PRIOR  WRITTEN  CONSENT  OF  THE TENANT SUBJECT TO SUCH BILLING
AND/OR PAYMENT OF RENT.
  A LANDLORD SHALL  NOT  REQUIRE  THE  PARTICIPATION  IN  AN  ELECTRONIC
PAYMENT  SYSTEM  AS  A PRECONDITION OF RENTING PROPERTY BY A PROSPECTIVE
TENANT NOR SHALL A LANDLORD IMPOSE PENALTIES, FINANCIAL OR OTHERWISE, OR
DETERRENTS UPON TENANTS WHO FAIL TO CONSENT TO  THE  ELECTRONIC  BILLING
AND/OR PAYMENT SYSTEM FOR RENT.
  2.  FOR  PURPOSES  OF  THIS  SECTION,  "LANDLORD" SHALL MEAN AN OWNER,
LESSOR, SUBLESSOR, ASSIGNEE, OR OTHER PERSON RECEIVING  OR  ENTITLED  TO
RECEIVE RENT FOR THE USE OR OCCUPANCY OF ANY HOUSING ACCOMMODATION OR AN
AGENT OF ANY OF THE FOREGOING.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16806-03-0

2009-S7811A (ACTIVE) - Details

Law Section:
Real Property Law
Laws Affected:
Add §238-a, RPT L

2009-S7811A (ACTIVE) - Summary

Prohibits the implementation of electronic billing and/or payment of rent by a landlord without the tenant's consent; landlords shall not require participation in an electronic payment system as the only method for payment of rent; provides that a landlord shall not impose any fee or other charge upon tenants who choose not to use electronic billing and/or payment systems.

2009-S7811A (ACTIVE) - Sponsor Memo

2009-S7811A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7811--A

                            I N  S E N A T E

                              May 13, 2010
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the real property law, in relation to prohibiting the
  implementation of electronic billing and/or payment  of  rent  without
  the tenant's consent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The real property law is amended by adding a  new  section
235-g to read as follows:
  S  235-G.    ELECTRONIC  BILLING AND/OR PAYMENT OF RENT. 1. A LANDLORD
SHALL NOT REQUIRE A LESSEE OR TENANT TO USE AN ELECTRONIC BILLING AND/OR
PAYMENT SYSTEM AS THE ONLY METHOD FOR THE PAYMENT OF  RENT.  A  LANDLORD
SHALL  NOT  ASSESS  ANY  FEE OR OTHER CHARGE FOR A LESSEE OR TENANT THAT
CHOOSES NOT TO USE AN ELECTRONIC BILLING AND/OR PAYMENT SYSTEM.
  2. ANY AGREEMENT BY A LESSEE OR TENANT OF A DWELLING WAIVING OR  MODI-
FYING  HIS  OR  HER RIGHTS AS SET FORTH IN THIS SECTION SHALL BE VOID AS
CONTRARY TO PUBLIC POLICY.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall govern all payments of rent for residential
premises.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16806-10-0

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