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.

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S1376-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S1376-2013 Memo

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.

S1376-2013 Text

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

                                    1376

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  MONTGOMERY  -- 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 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.
                                                             LBD03911-01-3

 S. 1376                             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.