What's happening
This bill requires landlords to provide tenants with a written rent receipt and imposes penalties for failure to do so.
Why it matters
Creates a clearer paper trail for rent payments. , which can help tenants prove they have paid rent and protect them in disputes over missed or late payments, especially when cash or third-party assistance is used.
Empowers tenants by providing a specific penalty. a $25 rent reduction for each instance where a landlord fails to issue the required receipt. This gives tenants a direct way to enforce their rights without lengthy court battles.
Expands landlord responsibilities. by requiring receipts even when rent is paid by social services or government agencies on behalf of tenants, ensuring all tenants, including the most vulnerable, receive documentation.
Mandates public education. by requiring the Office of Court Administration to inform tenants of their right to a receipt and the landlord's obligation, which could increase tenant awareness and compliance.
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Who cares
Headline styles
Require Rent Payment Receipts
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Written Rent Receipts
In Assembly Committee · Housing · Sponsor Felix Ortiz
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
843
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sens. MONTGOMERY, KRUEGER -- read twice and ordered printed, 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 Assembly, do enact as follows:
Section 1. Section 235-e of the real property law, as amended by chapter 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 succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.