Senate Bill S843

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    843
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary
 
 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:
   §  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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02940-01-9
              

 S. 843                              2
 
 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.