Bill Text: NY S07766 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-05 - REFERRED TO JUDICIARY [S07766 Detail]

Download: New_York-2013-S07766-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7766
                                   I N  S E N A T E
                                     June 5, 2014
                                      ___________
       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    S 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
   15  check[,].  IF  SUCH A REQUEST IS MADE it shall be the duty of the [land-
   16  lord] LESSOR, OR ANY AGENT OF THE LESSOR AUTHORIZED TO RECEIVE RENT,  to
   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 THE 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
   25  TO RECEIVE RENT, A LESSEE SHALL BE PROVIDED WITH A  RECEIPT  WITHIN  TEN
   26  BUSINESS  DAYS OF SUCH LESSOR OR AGENT'S RECEIPT OF A RENT PAYMENT. IF A
   27  LESSOR, OR AN AGENT OF A LESSOR AUTHORIZED TO  RECEIVE  RENT,  FAILS  TO
   28  RECEIVE  PAYMENT FOR RENT WITHIN TEN BUSINESS DAYS OF THE DATE SPECIFIED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11067-01-3
       S. 7766                             2
    1  IN THE LEASE AGREEMENT, SUCH LESSOR OR AGENT SHALL PROVIDE A LESSEE WITH
    2  A WRITTEN NOTICE STATING THE FAILURE TO RECEIVE SUCH RENT  PAYMENT.  THE
    3  FAILURE  OF  A  LESSOR, OR ANY AGENT OF THE LESSOR AUTHORIZED TO RECEIVE
    4  RENT,  TO  PROVIDE  A LESSEE WITH A WRITTEN NOTICE OF THE NON-PAYMENT OF
    5  RENT MAY BE USED AS AN AFFIRMATIVE DEFENSE BY SUCH LESSEE IN AN EVICTION
    6  PROCEEDING BASED ON THE NON-PAYMENT OF RENT.
    7    S 2. This act shall take effect immediately.