senate Bill S339

2011-2012 Legislative Session

Imposes additional requirements with respect to the duty of a landlord to provide tenants with a written receipt for rent paid

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2012 committee discharged and committed to rules
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to judiciary
Jan 05, 2011 referred to judiciary

S339 - Bill Details

See Assembly Version of this Bill:
A157
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Amd ยง235-e, RP L
Versions Introduced in 2009-2010 Legislative Session:
S4125, A7510

S339 - Bill Texts

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Imposes additional requirements with respect to the duty of a landlord to provide tenants with a written receipt for rent paid and directs the office of court administration to embark upon a campaign to inform tenants of their right to the same; authorizes the court to impose a twenty-five dollar rent reduction for each failure to comply with this section.

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BILL NUMBER:S339

TITLE OF BILL:
An act
to amend the real property law, in relation to the duty of a landlord to
provide a written receipt of rent paid

SUMMARY OF PROVISIONS:
Section 235-e of the Real Property Law is amended by authorizing that
the printed name and address of the managing agent or designee of a
residential real property can substitute for the signature and title
of the person receiving the rent on a rent receipt and adding three
new subdivisions" Subdivision (b) directs landlords upon a tenant's
written request to provide the tenant in cases where the rent is paid
in part by the office of social services or the office of temporary
and disability with a receipt.
Subdivision (c) authorizes the court to impose a twenty five dollar
rent reduction for each failure to comply with this section.
subdivision (d) directs the Office of Court Administration to inform
tenants of their right to receive a rent receipt and the information
that must be included in the receipt.

JUSTIFICATION:
This legislation makes several technical adjustments in Section 235-e
of the real property law to strengthen tenant's rights and reinforce
landlord's obligations to provide tenants with rent receipts. The
widespread use of receipts will aid the court in fairly resolving
disputes involving nonpayment of rent. The existing law made no
provisions for the thousands of tenants whose rental payments are
made by public assistance and are not entitled to formal notification
from their landlord that their rent had been paid. The bill corrects
this oversight. The statute contains no enforcement mechanism to
insure tenants are provided with receipts. The $25 penalty set forth
in the bill will encourage compliance with this statute. Finally many
tenants continue to be unaware of a landlord's obligation to provide
their tenants with a written rent receipt or the necessary
information that receipts must include. The bill takes stronger steps
towards tenant self advocacy by increasing public awareness about
tenant's rights.

LEGISLATIVE HISTORY:
1999-2000: S.5132A Died in Committee
2001-2002: S.2327 Died in Committee
2003-2004: S.3006 Died in Committee
2005-2006: S.1796 Died in Committee
2007-2008: S.4033 Died in Committee
2009-2010: S.4125 Referred to and approved by Senate Judiciary
and Codes Committees; Referred to and Died in Senate Finance Committee

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.


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

    S. 339                                                    A. 157

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to
  the Committee on Housing

AN  ACT  to  amend  the  real property law, in relation to the duty of a
  landlord to provide a written receipt of rent paid

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

  Section 1. Section 235-e of the real property law, as amended by chap-
ter 848 of the laws of 1986, is amended to read as follows:
  S  235-e.  Duty  of  landlord to provide written receipt. (a) Upon the
receipt of rent for residential premises in the  form  of  cash  or  any
instrument  other than the personal check of the tenant, it shall be the
duty of the landlord to provide the payor OR IF PAID IN WHOLE OR PART BY
A SOCIAL SERVICES DISTRICT OR THE OFFICE  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE,  THEN  THE  TENANT,  with  a  written receipt containing the
following:
  1. The date;
  2. The amount;
  3. The identity of the premises and period for which paid; and
  4. The signature and title of the person receiving  the  rent  OR  THE
PRINTED  NAME,  ADDRESS AND TELEPHONE NUMBER OF THE LICENSED REAL ESTATE
BROKER OR FIRM IN CHARGE OF THE DWELLING OR THE PRINTED NAME,  NEW  YORK
CITY  ADDRESS  AND  TELEPHONE  NUMBER  OF THE MANAGING AGENT OR DESIGNEE
DESCRIBED IN PARAGRAPH FIVE OF SUBDIVISION A OF SECTION 27-2098  OF  THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  (b)  Where  a  tenant,  in writing, requests that a landlord provide a
receipt for rent paid by personal check, it shall be  the  duty  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01408-01-1

S. 339                              2                             A. 157

landlord  to provide the payor with the receipt described in subdivision
(a) of this section for each such request made in writing.
  (C)  IN  ADDITION  TO  ANY OTHER REMEDY AUTHORIZED BY LAW, A COURT MAY
IMPOSE A TWENTY-FIVE DOLLAR REDUCTION IN THE RENT FOR  EACH  FAILURE  TO
COMPLY  WITH  THE PROVISIONS OF THIS SECTION IN ANY PROCEEDING COMMENCED
UNDER ARTICLE SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW.
  (D) THE OFFICE OF COURT ADMINISTRATION SHALL DEVELOP,  DISTRIBUTE  AND
WHERE  NECESSARY  PROVIDE  TENANTS  WITH  AN  EXPLANATION OF THE WRITTEN
RECEIPT EACH LANDLORD MUST PRESENT TO A TENANT  UPON  PAYMENT  OF  RENT.
SUCH  OFFICE SHALL TAKE SUCH STEPS AS ARE NECESSARY TO INFORM TENANTS OF
THEIR RIGHT TO RECEIVE SUCH  RECEIPT  AND  A  LANDLORD'S  OBLIGATION  TO
PROVIDE SUCH RECEIPT.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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