NY State Senate Bill 2017-S3138

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 19, 2017	referred to judiciary

2017-S3138 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §235-e, RP L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7766
2015-2016: S590

2017-S3138 (ACTIVE) - Summary

Relates to the duty to provide a written receipt.

2017-S3138 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3138

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

 PURPOSE :

The purpose of this bill is to adjust and clarify existing language
regarding a landlord's duty to provide a tenant with a receipt for the
payment of rent.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends section 235-e of the real property law
by:

*specifying that duly authorized agents of a landlord that collect
rent would also be responsible for providing a receipt, for such
payment, to tenants;

*clarifying that if a tenant requests a receipt for rent paid by
personal check, the request will remain valid for the remainder of the
tenancy unless otherwise specified;

*requiring that if rent is directly given to a landlord or their
authorized agent they must provide a tenant with a receipt

immediately;

*requiring that if rent is paid indirectly, including but not limited
to mailing or a drop-box, a landlord must provide the tenant a receipt
of the payment within ten business days of receiving the payment; and

*requiring a landlord to inform a tenant in writing if such landlord
fails to receive a tenant's rent payment within ten days of its due
date. If the landlord does not inform the tenant this could be used as
a defense by the tenant if the landlord is seeking to evict the tenant
for nonpayment of rent.

 JUSTIFICATION :

This bill attempts to clarify and expand existing statute relating to
receiving a written receipt for the payment of rent. The current
statute is unclear on whether a tenant needs to request a receipt for
rent paid by personal check every time they pay their rent. This bill
would address this concern by having such a request remain in effect
for the duration of the tenancy.

Additionally, there have been many instances where landlords have
failed to provide tenants with receipts when a tenant does not
directly give their rent payment to the landlord. This bill would
require landlords that receive rent via mail, from a drop-box, or from
another indirect means of conveyance to provide tenants with a receipt
in a reasonable amount of time. The final provision of this bill would
also require a landlord to notify a tenant if they do not receive
their rent payment. This will prevent situations where a rent payment
is lost in transit and the tenant does not know whether their landlord
has received the rent payment. This bill could potentially reduce the
number of eviction proceedings throughout the State by establishing a
methodology for rent payments and acknowledgement of their receipt.

 LEGISLATIVE HISTORY :

2016: S590/A6831 - REFERRED TO JUDICIARY/advanced to third reading
2015: S590/A6831 - REFERRED TO JUDICIARY/advanced to third reading
2014: S7766/A7406- REFERRED TO JUDICIARY/Third Reading Calendar
Assembly
2013: A7406- Reported from housing and referred to Codes

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
Immediately.

2017-S3138 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3138
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- 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  the  duty  to
   provide a written receipt
 
   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:
   § 235-e. Duty [of landlord] to provide A written receipt. (a) Upon the
 receipt of THE PAYMENT OF rent for residential premises in the  form  of
 cash,  or  any  instrument other than the personal check of the [tenant]
 LESSEE, it shall be the duty of the [landlord] LESSOR, OR ANY  AGENT  OF
 THE  LESSOR  AUTHORIZED  TO  RECEIVE RENT, to provide the [payor] LESSEE
 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.
   (b) [Where a tenant] A LESSEE MAY REQUEST, in writing, [requests] that
 a [landlord] LESSOR provide a receipt for rent paid by personal  check[,
 it  shall  be  the  duty of]. IF SUCH REQUEST IS MADE, the [landlord to]
 LESSOR, OR ANY AGENT OF THE LESSOR AUTHORIZED  TO  RECEIVE  RENT,  SHALL
 provide the [payor] LESSEE with the receipt described in subdivision (a)
 of  this  section  [for each such request made in writing]. SUCH REQUEST
 SHALL, UNLESS OTHERWISE SPECIFIED BY THE LESSEE, REMAIN  IN  EFFECT  FOR
 THE DURATION OF SUCH LESSEE'S TENANCY.
   (C)  IF A PAYMENT OF RENT IS PERSONALLY TRANSMITTED TO A LESSOR, OR AN
 AGENT OF A LESSOR AUTHORIZED TO  RECEIVE  RENT,  THE  RECEIPT  FOR  SUCH
 PAYMENT SHALL BE ISSUED IMMEDIATELY TO A LESSEE. IF A PAYMENT OF RENT IS
 TRANSMITTED  INDIRECTLY  TO A LESSOR, OR AN AGENT OF A LESSOR AUTHORIZED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00454-01-7

 S. 3138                             2
 
 TO RECEIVE RENT, A LESSEE SHALL BE PROVIDED WITH A  RECEIPT  WITHIN  TEN
 BUSINESS DAYS OF SUCH LESSOR OR AGENT'S RECEIPT OF A RENT PAYMENT.
   (D)  IF  A LESSOR, OR AN AGENT OF A LESSOR AUTHORIZED TO RECEIVE RENT,
 FAILS TO RECEIVE PAYMENT FOR RENT WITHIN TEN BUSINESS DAYS OF  THE  DATE
 SPECIFIED  IN  A  LEASE  AGREEMENT,  SUCH  LESSOR  OR AGENT SHALL SEND A
 LESSEE, BY CERTIFIED MAIL, WITHIN TWO BUSINESS DAYS THEREAFTER, A  WRIT-
 TEN NOTICE STATING THE FAILURE TO RECEIVE SUCH RENT PAYMENT. THE FAILURE
 OF  A  LESSOR, OR ANY AGENT OF THE LESSOR AUTHORIZED TO RECEIVE RENT, TO
 PROVIDE A LESSEE WITH A WRITTEN NOTICE OF THE NON-PAYMENT OF RENT MAY BE
 USED AS AN AFFIRMATIVE DEFENSE BY SUCH LESSEE IN AN EVICTION  PROCEEDING
 BASED ON THE NON-PAYMENT OF RENT.
   § 2. This act shall take effect immediately.

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Senate Bill S3138

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S3138 (ACTIVE) - Details

2017-S3138 (ACTIVE) - Summary

2017-S3138 (ACTIVE) - Sponsor Memo

2017-S3138 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3138

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2017-S3138 (ACTIVE) - Details

2017-S3138 (ACTIVE) - Summary

2017-S3138 (ACTIVE) - Sponsor Memo

2017-S3138 (ACTIVE) - Bill Text download pdf

Comments