NY State Senate Bill 2019-S843

Senate Bill S843

2019-2020 Legislative Session

Imposes additional requirements with respect to the duty of a landlord to provide tenants with a written receipt for rent paid

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Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 09, 2019	referred to judiciary

co-Sponsors

2019-S843 (ACTIVE) - Details

See Assembly Version of this Bill:: A6192
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §235-e, RP L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4125, A7510
2011-2012: S339, A157
2013-2014: S1376, A1772
2015-2016: S1285, A5860
2017-2018: S4432, A7550

2019-S843 (ACTIVE) - Summary

Imposes additional requirements with respect to the duty of a landlord to provide tenants with a written receipt for rent paid and directs the office of court administration to embark upon a campaign to inform tenants of their right to the same; authorizes the court to impose a twenty-five dollar rent reduction for each failure to comply with this section.

2019-S843 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S843

SPONSOR: MONTGOMERY
 
TITLE OF BILL:

An act to amend the real property law, in relation to the duty of a
landlord to provide a written receipt of rent paid

 
SUMMARY OF PROVISIONS:

Section 235-e of the Real Property Law is amended by authorizing that
the printed name and address of the managing agent or designee of a
residential real property can substitute for the signature and title of
the person receiving the rent on a rent receipt and adding three new
subdivisions" Subdivision (b) directs landlords upon a tenant's written
request to provide the tenant in cases where the rent is paid in part by
the office of social services or the office of temporary and disability
with a receipt. Subdivision (c) authorizes the court to impose a twenty
five dollar rent reduction for each failure to comply with this section.
Subdivision (d) directs the Office of Court Administration to inform
tenants of their right to receive a rent receipt and the information
that must be included in the receipt.

 
JUSTIFICATION:

This legislation makes several technical adjustments in Section 235-e of
the real property law to strengthen tenant's rights and reinforce land-
lord's obligations to provide tenants with rent receipts. The widespread
use of receipts will aid the court in fairly resolving disputes involv-
ing nonpayment of rent. The existing law made no provisions for the
thousands of tenants whose rental payments are made by public assistance
and are not entitled to formal notification from their landlord that
their rent had been paid. The bill corrects this oversight. The statute
contains no enforcement mechanism to insure tenants are Provided with
receipts. The $25 penalty set forth in the bill will encourage compli-
ance with this statute. Finally many tenants continue to be unaware of a
landlord's obligation to provide their tenants with a written rent
receipt or the necessary information that receipts must include. The
bill takes stronger steps towards tenant self advocacy by increasing
public awareness about tenant's rights.

 
LEGISLATIVE HISTORY:

1999-2008: S.5122A Died in Committee

2001-2002: S.2327 Died in Committee

2003-2004: S.3086 Died in Committee

2005-2006: S.1796 Died in Committee

2007-2808: S.4833 Died in Committee

2009-2018: S.4125 Referred to and approved by Senate Judiciary and Codes
Committees; Referred to and Died in Senate Finance Committee

2011-2012: S.339 Died in Committee

2013-2014: S.1376 Died in Committee
 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

2019-S843 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    843
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary
 
 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:
   §  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.
                                                            LBD02940-01-9

 S. 843                              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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S843

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Sponsored By

Velmanette Montgomery