04/25/2022
New Rent Receipt Requirement (NY RPL SECTION 235-E)
In the past, many tenants paid their rent using personal checks. Their cancelled checks provided proof of when and how much rent they paid. These days, most tenants pay monthly through other means than personal check, including bank cards, credit cards, electronic funds transfers, and even Venmo. To make it easier for tenants to prove on-time rent payment, HSTPA now requires landlords and their agents to give tenants a written and signed rent receipt for any rent payment that is made by any means other than personal check, including cash.
The rent receipt must contain the:
• Date the payment was received;
• Amount of the payment;
• Month for which rent was paid;
• Property address and rental unit; and
• Signature and title of the person receiving the rent.
Landlords must provide a receipt for all rent payments except for those paid by personal check. Tenants who pay rent by personal check may also receive a written and signed receipt, upon written request. Under the new rent receipt law, a single request from the check-paying tenant for a receipt remains in effect for all subsequent rent payments for the duration of the lease.
When receipt must be given. If the rent is personally delivered to the landlord or the landlord’s agent, a receipt for the payment must be issued to the tenant “immediately.” For payments sent indirectly, either through mail, electronically, or by other means, the tenant must be provided with a receipt within 15 days of receipt of the rent.
The rent receipt law applies to free-market and rent-regulated tenants. Rent receipt records must be maintained by the property owner or manager for at least three years. A landlord’s failure to provide a requested receipt may bar any subsequent non-payment eviction proceeding against the tenant.
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