STATE OF NEW YORK
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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.