New York Assembly Bill A00056 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 56--A Cal. No. 11 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. EPSTEIN, BURDICK, GALLAGHER, KELLES, GLICK, REYES, CUNNINGHAM, RAGA, CRUZ, SEAWRIGHT, DAVILA, LEVENBERG -- Multi- Sponsored by -- M. of A. SIMON -- read once and referred to the Committee on Housing -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property law and the general obligations law, in relation to prohibiting residential landlords from charging tenants a fee for a dishonored rent check in excess of the actual costs or fees incurred by such landlord as a result thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 238-a of the real property law is amended by adding 2 a new subdivision 2-a to read as follows: 3 2-a. (a) No landlord, lessor, sub-lessor or grantor shall demand any 4 payment, fee, or charge from a tenant for the delivery of a check, draft 5 or like instrument that was given in payment for rent and subsequently 6 dishonored by the tenant's financial institution for insufficient funds 7 except as provided in paragraph (b) of this subdivision. 8 (b) Notwithstanding any contrary provision herein, a landlord, lessor, 9 sub-lessor or grantor may demand any payment, fee, or charge from a 10 tenant for the delivery of a dishonored check only if such payment, fee, 11 or charge was provided for in the lease or contract between landlord, 12 lessor, sub-lessor or grantor and the tenant; provided, however, that 13 such payment, fee, or charge shall not exceed the actual costs, charges 14 or fees incurred by landlord, lessor, sub-lessor or grantor for the 15 return of such dishonored check or the amount set forth in subdivision 16 three of section 5-328 of the general obligations law, whichever is 17 less. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00565-02-5 
 A. 56--A 2 1 (c) As used in this subdivision, "dishonored check" shall have the 2 same meaning as such term is defined in section 5-328 of the general 3 obligations law. 4 (d) The provisions of this subdivision shall not apply to a sharehold- 5 er of a cooperative housing corporation, provided, however, that the 6 provisions of this subdivision shall apply with respect to any tenant or 7 subtenant of such a shareholder. 8 § 2. Subdivision 3 of section 5-328 of the general obligations law, as 9 added by chapter 529 of the laws of 1995, is amended to read as follows: 10 3. (a) Notwithstanding any other provision of law, any person to whom 11 a check, draft or like instrument, other than a money order, bank cash- 12 ier's check or certified check, is tendered for any transaction, other 13 than a consumer transaction, may, if such instrument is dishonored 14 charge or collect from the maker or drawer the amount of twenty dollars 15 for the return of such unpaid or dishonored instrument. 16 (b) Notwithstanding any other provision of this subdivision, a land- 17 lord, lessor, sub-lessor or grantor to whom a check, draft or like 18 instrument, other than a money order, bank cashier's check or certified 19 check, is tendered for payment of rent, may if such instrument is 20 dishonored charge or collect from the maker or drawer the amount of 21 actual costs, charges or fees incurred by such landlord, lessor, sub- 22 lessor or grantor for the return of such dishonored check or the amount 23 set forth in paragraph (a) of this subdivision, whichever is less, 24 provided that such dishonored check charge was contracted for in the 25 lease agreement between the tenant and landlord, lessor, sub-lessor or 26 grantor in accordance with the requirements of subdivision two-a of 27 section two hundred thirty-eight-a of the real property law. The 28 provisions of this paragraph shall not apply to a shareholder of a coop- 29 erative housing corporation, provided, however, that the provisions of 30 this paragraph shall apply with respect to any tenant or subtenant of 31 such a shareholder. 32 § 3. This act shall take effect immediately and shall apply to actions 33 and proceedings commenced on and after such effective date.