Assembly Bill A56B

2025-2026 Legislative Session

Prohibits 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

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Current 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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Bill Amendments

co-Sponsors

multi-Sponsors

2025-A56 - Details

See Senate Version of this Bill:
S3845
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L; amd §5-328, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A10646
2023-2024: A4750, S2483

2025-A56 - Summary

Prohibits 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, provided such dishonored check fee was included in the initial lease.

2025-A56 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    56
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  BURDICK, GALLAGHER, KELLES, GLICK,
   REYES, CUNNINGHAM, RAGA, CRUZ, SEAWRIGHT, DAVILA, LEVENBERG --  Multi-
   Sponsored  by  --  M.  of  A.  SIMON  -- 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 LEASE OR  CONTRACT  BETWEEN  LANDLORD,
 LESSOR,  SUB-LESSOR  OR  GRANTOR AND THE TENANT; PROVIDED, HOWEVER, 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  SUBDIVISION
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2025-A56A - Details

See Senate Version of this Bill:
S3845
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L; amd §5-328, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A10646
2023-2024: A4750, S2483

2025-A56A - Summary

Prohibits 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, provided such dishonored check fee was included in the initial lease.

2025-A56A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   56--A
                                                          Cal. No. 11
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  BURDICK, GALLAGHER, KELLES, GLICK,
   REYES, CUNNINGHAM, RAGA, CRUZ, SEAWRIGHT, DAVILA, LEVENBERG --  Multi-
   Sponsored  by  --  M.  of  A.  SIMON  -- read once and referred to the
   Committee on Housing -- reported from committee, advanced to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place on the
   order of third reading
 
 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 the 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 LEASE OR CONTRACT BETWEEN LANDLORD,
 LESSOR, SUB-LESSOR OR GRANTOR AND THE TENANT;  PROVIDED,  HOWEVER,  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 SUBDIVISION
 THREE OF SECTION 5-328 OF THE  GENERAL  OBLIGATIONS  LAW,  WHICHEVER  IS
 LESS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2025-A56B (ACTIVE) - Details

See Senate Version of this Bill:
S3845
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L; amd §5-328, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2021-2022: A10646
2023-2024: A4750, S2483

2025-A56B (ACTIVE) - Summary

Prohibits 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, provided such dishonored check fee was included in the initial lease.

2025-A56B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   56--B
                                                          Cal. No. 11
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  EPSTEIN,  BURDICK, GALLAGHER, KELLES, GLICK,
   REYES,  CUNNINGHAM,  RAGA,   CRUZ,   SEAWRIGHT,   DAVILA,   LEVENBERG,
   BICHOTTE HERMELYN,  SCHIAVONI,  LEE  -- Multi-Sponsored by -- M. of A.
   SIMON -- read once  and  referred  to  the  Committee  on  Housing  --
   reported  from  committee,  advanced  to  a third reading, amended and
   ordered reprinted, retaining its place on the order of  third  reading
   --  passed  by Assembly and delivered to the Senate, recalled from the
   Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
   its place on the order of third reading
 
 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 the 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 LEASE OR  CONTRACT  BETWEEN  LANDLORD,
 LESSOR, SUB-LESSOR OR GRANTOR AND THE TENANT; PROVIDED, HOWEVER, THAT:
   (I)  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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