Bill Text: NY A08967 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits residential landlords from charging tenants with fees for the payment of rent through an automated clearing house or online payment system.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-05-22 - ordered to third reading rules cal.110 [A08967 Detail]

Download: New_York-2023-A08967-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8967--A

                   IN ASSEMBLY

                                    January 31, 2024
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Housing -- committee discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN  ACT to amend the real property law, in relation to prohibiting resi-
          dential landlords from charging tenants with fees for the  payment  of
          rent through an automated clearing house or online payment system

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 235-g of the real property law, as added by chapter
     2  367 of the laws of 2010, is amended to read as follows:
     3    § 235-g. Electronic billing and/or payment  of  rent.  1.  A  landlord
     4  shall not require a lessee or tenant to use an electronic billing and/or
     5  payment  system  as  the only method for the payment of rent. A landlord
     6  shall not assess any fee or other charge for a  lessee  or  tenant  that
     7  chooses not to use an electronic billing and/or payment system.
     8    2.  A landlord shall not assess any fee or other charge for the use of
     9  an automated clearing house payment for the payment of rent.
    10    3. A landlord shall provide a  lessee  or  tenant  a  method  for  the
    11  payment  of  rent  that does not incur a fee or other charge assessed by
    12  the landlord. This method may include but is  not  limited  to  cash  or
    13  personal check of the lessee or tenant.
    14    4.  Any agreement by a lessee or tenant of a dwelling waiving or modi-
    15  fying [his or her] their rights as set forth in this  section  shall  be
    16  void as contrary to public policy.
    17    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14021-02-4