S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 339                                                    A. 157

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to
  the Committee on Housing

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:
  S  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

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

                                                           LBD01408-01-1

S. 339                              2                             A. 157

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