Bill S339-2011

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

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.

Details

Actions

  • Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 5, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S339

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.5132A 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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 339 A. 157 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 5, 2011 ___________
IN SENATE -- Introduced by Sen. MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Judici- ary IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to the Committee on Housing 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 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.

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