NY State Senate Bill 2025-S3845B

Senate Bill S3845B

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

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2025	2nd report cal.
May 28, 2025	1st report cal.1420
May 19, 2025	print number 3845b
May 19, 2025	amend and recommit to judiciary
Mar 25, 2025	print number 3845a
Mar 25, 2025	amend and recommit to judiciary
Jan 30, 2025	referred to judiciary

Votes

- May 28, 2025 - Judiciary Committee Vote
  S3845B
  
  12
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 28, 2025
      
      aye (12)
      
      Bailey
      
      Cooney
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Parker
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      aye wr (5)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      O'Mara
      
      Palumbo
      
      Rhoads
      
      excused (2)
      
      Martins
      
      Myrie

Bill Amendments

Original

B (Active)

2025-S3845 - Details

See Assembly Version of this Bill:: A56
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: S2483, A4750

2025-S3845 - 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-S3845 - Sponsor Memo

2025-S3845 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3845
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary
 
 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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00565-01-5
 S. 3845                             2

 
   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
 charge  or collect from the maker or drawer the amount of twenty dollars
 for the return of such unpaid or dishonored instrument.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION,  A  LAND-
 LORD,  LESSOR,  SUB-LESSOR  OR  GRANTOR  TO  WHOM A CHECK, DRAFT OR LIKE
 INSTRUMENT, OTHER THAN A MONEY ORDER, BANK CASHIER'S CHECK OR  CERTIFIED
 CHECK,  IS  TENDERED  FOR  PAYMENT  OF  RENT,  MAY IF SUCH INSTRUMENT IS
 DISHONORED CHARGE OR COLLECT FROM THE MAKER  OR  DRAWER  THE  AMOUNT  OF
 ACTUAL  COSTS,  CHARGES  OR FEES INCURRED BY SUCH LANDLORD, LESSOR, SUB-
 LESSOR OR GRANTOR FOR THE RETURN OF SUCH DISHONORED CHECK OR THE  AMOUNT
 SET  FORTH  IN  PARAGRAPH  (A)  OF  THIS SUBDIVISION, WHICHEVER IS LESS,
 PROVIDED THAT SUCH DISHONORED CHECK CHARGE WAS  CONTRACTED  FOR  IN  THE
 LEASE  AGREEMENT  BETWEEN THE TENANT AND LANDLORD, LESSOR, SUB-LESSOR OR
 GRANTOR IN ACCORDANCE WITH THE  REQUIREMENTS  OF  SUBDIVISION  TWO-A  OF
 SECTION TWO HUNDRED THIRTY-EIGHT-A OF THE REAL PROPERTY LAW.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on and after such effective date.

2025-S3845A - Details

See Assembly Version of this Bill:: A56
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: S2483, A4750

2025-S3845A - Summary

2025-S3845A - Sponsor Memo

2025-S3845A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3845--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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.
   (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.
                                                            LBD00565-03-5
 S. 3845--A                          2

 
   (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A SHAREHOLD-
 ER  OF  A  COOPERATIVE  HOUSING CORPORATION, PROVIDED, HOWEVER, THAT THE
 PROVISIONS OF THIS SUBDIVISION SHALL APPLY WITH RESPECT TO ANY TENANT OR
 SUBTENANT OF SUCH A SHAREHOLDER.
   § 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
 charge  or collect from the maker or drawer the amount of twenty dollars
 for the return of such unpaid or dishonored instrument.
   (B) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION,  A  LAND-
 LORD,  LESSOR,  SUB-LESSOR  OR  GRANTOR  TO  WHOM A CHECK, DRAFT OR LIKE
 INSTRUMENT, OTHER THAN A MONEY ORDER, BANK CASHIER'S CHECK OR  CERTIFIED
 CHECK,  IS  TENDERED  FOR  PAYMENT  OF  RENT,  MAY IF SUCH INSTRUMENT IS
 DISHONORED CHARGE OR COLLECT FROM THE MAKER  OR  DRAWER  THE  AMOUNT  OF
 ACTUAL  COSTS,  CHARGES  OR FEES INCURRED BY SUCH LANDLORD, LESSOR, SUB-
 LESSOR OR GRANTOR FOR THE RETURN OF SUCH DISHONORED CHECK OR THE  AMOUNT
 SET  FORTH  IN  PARAGRAPH  (A)  OF  THIS SUBDIVISION, WHICHEVER IS LESS,
 PROVIDED THAT SUCH DISHONORED CHECK CHARGE WAS  CONTRACTED  FOR  IN  THE
 LEASE  AGREEMENT  BETWEEN THE TENANT AND LANDLORD, LESSOR, SUB-LESSOR OR
 GRANTOR IN ACCORDANCE WITH THE  REQUIREMENTS  OF  SUBDIVISION  TWO-A  OF
 SECTION  TWO  HUNDRED  THIRTY-EIGHT-A  OF  THE  REAL  PROPERTY  LAW. THE
 PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A SHAREHOLDER OF A COOP-
 ERATIVE HOUSING CORPORATION, PROVIDED, HOWEVER, THAT THE  PROVISIONS  OF
 THIS  PARAGRAPH  SHALL  APPLY WITH RESPECT TO ANY TENANT OR SUBTENANT OF
 SUCH A SHAREHOLDER.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on and after such effective date.

2025-S3845B (ACTIVE) - Details

See Assembly Version of this Bill:: A56
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: S2483, A4750

2025-S3845B (ACTIVE) - Summary

2025-S3845B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3845B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 and 2 amend respectively section 238-a of the real property
law and section 5-328 of the general obligations law by adding new
subdivisions providing that a landlord may only charge a tenant the
Greater of the actual cost of a dishonored check or $20, provided the
charge was contracted for in the initial lease and the landlord substan-
tiates any costs they incurred upon request of the tenant.

Section 3 provides the effective date

 
JUSTIFICATION:

Rent stabilized tenants are protected by regulations described in DHCR
Fact Sheet 44 from landlords charging them more than the actual cost of
a bounced check, provided a bounced check charge is specified in the
lease. This legislation creates a statutory protection for tenants, rent
stabilized or not, by capping the amount a landlord can charge a tenant
for a bounced check at $20 or whatever the actual charge incurred by the
landlord as a result of a tenant's check bouncing, whichever is greater,
provided the landlord substantiates the actually costs they incurred
upon request of the tenant.

 
LEGISLATIVE HISTORY:

2023-2024: S2483A (Hoylman-Sigal), Advanced to Third Reading

2022:  A10646 (Epstein) / No Same as - Assembly Housing

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately after becoming law

2025-S3845B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3845--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 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-
 SION THREE OF SECTION 5-328 OF THE GENERAL OBLIGATIONS LAW, WHICHEVER IS
 GREATER; AND
   (II) IF THE PAYMENT, FEE OR CHARGE EXCEEDS THE  AMOUNT  SET  FORTH  IN
 SUBDIVISION  THREE  OF SECTION 5-328 OF THE GENERAL OBLIGATIONS LAW, THE
 LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR SHALL PROVIDE TO THE TENANT UPON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00565-06-5

 S. 3845--B                          2
 
 REQUEST EVIDENCE SUBSTANTIATING THE EQUIVALENCE BETWEEN THE PAYMENT, FEE
 OR CHARGE AND THE AMOUNT OF ACTUAL COSTS, CHARGES OR FEES  INCURRED  FOR
 THE RETURN OF THE DISHONORED CHECK.
   (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.
   (D) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A SHAREHOLD-
 ER  OF  A  COOPERATIVE  HOUSING CORPORATION, PROVIDED, HOWEVER, THAT THE
 PROVISIONS OF THIS SUBDIVISION SHALL APPLY WITH RESPECT TO ANY TENANT OR
 SUBTENANT OF SUCH A SHAREHOLDER.
   § 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
 charge or collect from the maker or drawer the amount of twenty  dollars
 for the return of such unpaid or dishonored instrument.
   (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SUBDIVISION, A LAND-
 LORD, LESSOR, SUB-LESSOR OR GRANTOR TO  WHOM  A  CHECK,  DRAFT  OR  LIKE
 INSTRUMENT,  OTHER THAN A MONEY ORDER, BANK CASHIER'S CHECK OR CERTIFIED
 CHECK, IS TENDERED FOR PAYMENT  OF  RENT,  MAY  IF  SUCH  INSTRUMENT  IS
 DISHONORED  CHARGE  OR  COLLECT  FROM  THE MAKER OR DRAWER THE AMOUNT OF
 ACTUAL COSTS, CHARGES OR FEES INCURRED BY SUCH  LANDLORD,  LESSOR,  SUB-
 LESSOR  OR GRANTOR FOR THE RETURN OF SUCH DISHONORED CHECK OR THE AMOUNT
 SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION,  WHICHEVER  IS  GREATER,
 PROVIDED THAT:
   (I)  IF  THE  PAYMENT,  FEE  OR CHARGE EXCEEDS THE AMOUNT SET FORTH IN
 PARAGRAPH (A) OF THIS SUBDIVISION THE LANDLORD,  LESSOR,  SUB-LESSOR  OR
 GRANTOR SHALL PROVIDE TO THE TENANT UPON REQUEST EVIDENCE SUBSTANTIATING
 THE  EQUIVALENCE  BETWEEN  THE  PAYMENT, FEE OR CHARGE AND THE AMOUNT OF
 ACTUAL COSTS, CHARGES OR FEES INCURRED FOR THE RETURN OF THE  DISHONORED
 CHECK; AND
   (II)  SUCH  DISHONORED  CHECK  CHARGE  WAS CONTRACTED FOR IN THE LEASE
 AGREEMENT BETWEEN THE TENANT AND LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR
 IN ACCORDANCE WITH THE REQUIREMENTS OF SUBDIVISION TWO-A OF SECTION  TWO
 HUNDRED  THIRTY-EIGHT-A OF THE REAL PROPERTY LAW. THE PROVISIONS OF THIS
 PARAGRAPH SHALL NOT APPLY TO A  SHAREHOLDER  OF  A  COOPERATIVE  HOUSING
 CORPORATION,  PROVIDED,  HOWEVER,  THAT THE PROVISIONS OF THIS PARAGRAPH
 SHALL APPLY WITH RESPECT TO ANY TENANT OR SUBTENANT OF SUCH A SHAREHOLD-
 ER.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings commenced on and after such effective date.

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