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

2 Co-sponsors

• Tony Avella
• Brad Hoylman-Sigal

BILL NUMBER:S1376

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 landlord's obligations to provide tenants with rent receipts. The widespread use of receipts will aid the court in fairly resolving disputes involving 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 compliance 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

1999-2000: S.5122A Died in Committee 2001-2002: S.2327 Died in Committee 2003-2004: S.3006 Died in Committee 2005-2006: S.1796 Died in Committee 2007-2008: S.4033 Died in Committee 2009-2010: 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

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.