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

                                  5860

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

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
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.
                                                           LBD02298-01-5

              

A. 5860                             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.
  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.