Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Aug 12, 2022 | referred to housing |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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A10646 (ACTIVE) - Details
- Law Section:
- Real Property Law
- Laws Affected:
- Amd §238-a, RP L; amd §5-328, Gen Ob L
- Versions Introduced in 2023-2024 Legislative Session:
-
A4750
A10646 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10646 I N A S S E M B L Y August 12, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Epstein) -- read once and referred to the Committee on Housing AN ACT to amend the real property law and the general obligations law, in relation to prohibiting residential landlords from charging tenants a fee for a dishonored rent check in excess of the actual costs or fees incurred by such landlord as a result thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 238-a of real property law is amended by adding a new subdivision 2-a to read as follows: 2-A. (A) NO LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR SHALL DEMAND ANY PAYMENT, FEE, OR CHARGE FROM A TENANT FOR THE DELIVERY OF A CHECK, DRAFT OR LIKE INSTRUMENT THAT WAS GIVEN IN PAYMENT FOR RENT AND SUBSEQUENTLY DISHONORED BY THE TENANT'S FINANCIAL INSTITUTION FOR INSUFFICIENT FUNDS EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION. (B) NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN, A LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR MAY DEMAND ANY PAYMENT, FEE, OR CHARGE FROM A TENANT FOR THE DELIVERY OF A DISHONORED CHECK ONLY IF SUCH PAYMENT, FEE, OR CHARGE WAS PROVIDED FOR IN THE INITIAL LEASE OR CONTRACT BETWEEN LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR AND THE TENANT; PROVIDED, HOWEV- ER, THAT SUCH PAYMENT, FEE, OR CHARGE SHALL NOT EXCEED THE ACTUAL COSTS, CHARGES OR FEES INCURRED BY LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR FOR THE RETURN OF SUCH DISHONORED CHECK OR THE AMOUNT SET FORTH IN SUBDIVI- SION THREE OF SECTION 5-328 OF THE GENERAL OBLIGATIONS LAW, WHICHEVER IS LESS. (C) AS USED IN THIS SUBDIVISION, "DISHONORED CHECK" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED IN SECTION 5-328 OF THE GENERAL OBLIGATIONS LAW. § 2. Subdivision 3 of section 5-328 of the general obligations law, as added by chapter 529 of the laws of 1995, is amended to read as follows: 3. (A) Notwithstanding any other provision of law, any person to whom a check, draft or like instrument, other than a money order, bank cash- ier's check or certified check, is tendered for any transaction, other than a consumer transaction, may, if such instrument is dishonored EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.