Bill Text: NY S03138 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the duty to provide a written receipt.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-19 - REFERRED TO JUDICIARY [S03138 Detail]

Download: New_York-2017-S03138-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3138
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 19, 2017
                                       ___________
        Introduced  by Sen. SQUADRON -- 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  to
          provide a written receipt
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 235-e of the real property law, as amended by chap-
     2  ter 848 of the laws of 1986, is amended to read as follows:
     3    § 235-e. Duty [of landlord] to provide a written receipt. (a) Upon the
     4  receipt of the payment of rent for residential premises in the  form  of
     5  cash,  or  any  instrument other than the personal check of the [tenant]
     6  lessee, it shall be the duty of the [landlord] lessor, or any  agent  of
     7  the  lessor  authorized  to  receive rent, to provide the [payor] lessee
     8  with a written receipt containing the following:
     9    1. The date;
    10    2. The amount;
    11    3. The identity of the premises and period for which paid; and
    12    4. The signature and title of the person receiving the rent.
    13    (b) [Where a tenant] A lessee may request, in writing, [requests] that
    14  a [landlord] lessor provide a receipt for rent paid by personal  check[,
    15  it  shall  be  the  duty of]. If such request is made, the [landlord to]
    16  lessor, or any agent of the lessor authorized  to  receive  rent,  shall
    17  provide the [payor] lessee with the receipt described in subdivision (a)
    18  of  this  section  [for each such request made in writing]. Such request
    19  shall, unless otherwise specified by the lessee, remain  in  effect  for
    20  the duration of such lessee's tenancy.
    21    (c)  If a payment of rent is personally transmitted to a lessor, or an
    22  agent of a lessor authorized to  receive  rent,  the  receipt  for  such
    23  payment shall be issued immediately to a lessee. If a payment of rent is
    24  transmitted  indirectly  to a lessor, or an agent of a lessor authorized
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00454-01-7
        S. 3138                             2
     1  to receive rent, a lessee shall be provided with a  receipt  within  ten
     2  business days of such lessor or agent's receipt of a rent payment.
     3    (d)  If  a lessor, or an agent of a lessor authorized to receive rent,
     4  fails to receive payment for rent within ten business days of  the  date
     5  specified  in  a  lease  agreement,  such  lessor  or agent shall send a
     6  lessee, by certified mail, within two business days thereafter, a  writ-
     7  ten notice stating the failure to receive such rent payment. The failure
     8  of  a  lessor, or any agent of the lessor authorized to receive rent, to
     9  provide a lessee with a written notice of the non-payment of rent may be
    10  used as an affirmative defense by such lessee in an eviction  proceeding
    11  based on the non-payment of rent.
    12    § 2. This act shall take effect immediately.