Senate Bill S2483A

2023-2024 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 Rules 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

2023-S2483 - Details

See Assembly Version of this Bill:
A4750
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L; amd §5-328, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
A10646

2023-S2483 - 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.

2023-S2483 - Sponsor Memo

2023-S2483 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2483
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 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  INITIAL  LEASE  OR  CONTRACT  BETWEEN
 LANDLORD, LESSOR, SUB-LESSOR OR GRANTOR AND THE TENANT; PROVIDED, HOWEV-
 ER, 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  SUBDIVI-
 SION 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.
                                                            LBD03564-01-3
 S. 2483                             2
              

2023-S2483A (ACTIVE) - Details

See Assembly Version of this Bill:
A4750
Current Committee:
Senate Rules
Law Section:
Real Property Law
Laws Affected:
Amd §238-a, RP L; amd §5-328, Gen Ob L
Versions Introduced in 2021-2022 Legislative Session:
A10646

2023-S2483A (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.

2023-S2483A (ACTIVE) - Sponsor Memo

2023-S2483A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2483--A
     Cal. No. 790
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in 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 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.
              

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