N.Y. Real Property Law Section 235-E
Duty to provide a written receipt


(a)

Upon the receipt of the payment of rent for residential premises in the form of cash, or any instrument other than the personal check of the lessee, it shall be the duty of the lessor, or any agent of the lessor authorized to receive rent, to provide the lessee with a written receipt containing the following:

1.

The date;

2.

The amount;

3.

The identity of the premises and period for which paid; and

4.

The signature and title of the person receiving the rent.

(b)

A lessee may request, in writing, that a lessor provide a receipt for rent paid by personal check. If such request is made, the lessor, or any agent of the lessor authorized to receive rent, shall provide the lessee with the receipt described in subdivision (a) of this section. Such request shall, unless otherwise specified by the lessee, remain in effect for the duration of such lessee’s tenancy. The lessor shall maintain a record of all cash receipts for rent for at least three years.

(c)

If a payment of rent is personally transmitted to a lessor, or an agent of a lessor authorized to receive rent, the receipt for such payment shall be issued immediately to a lessee. If a payment of rent is transmitted indirectly to a lessor, or an agent of a lessor authorized to receive rent, a lessee shall be provided with a receipt within fifteen days of such lessor or agent’s receipt of a rent payment.

(d)

If a lessor, or an agent of a lessor authorized to receive rent, fails to receive payment for rent within five days of the date specified in a lease agreement, such lessor or agent shall send the lessee, by certified mail, a written notice stating the failure to receive such rent payment. The failure of a lessor, or any agent of the lessor authorized to receive rent, to provide a lessee with a written notice of the non-payment of rent may be used as an affirmative defense by such lessee in an eviction proceeding based on the non-payment of rent. Notwithstanding the provisions of this subdivision, a lessor which is a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, may provide for a method of sending notice by mail other than by certified mail, as long as such method of sending notice is provided for in the proprietary lease or occupancy agreement, and the lessee is a dwelling unit owner or shareholder of such cooperative housing corporation.

Source: Section 235-E — Duty to provide a written receipt, https://www.­nysenate.­gov/legislation/laws/RPP/235-E (updated Dec. 31, 2021; accessed Apr. 13, 2024).

220
Action for use and occupation
221
Rent due on life leases recoverable
222
When rent is apportionable
223
Rights where property or lease is transferred
223–A
Remedies of lessee when possession is not delivered
223–B
Retaliation by landlord against tenant
224
Attornment by tenant
225
Notice of action adverse to possession of tenant
226
Effect of renewal on sub-lease
226–A
Effect of new lease on tenant’s right to remove fixtures or improvements
226–B
Right to sublease or assign
226–C
Notice of rent increase or non-renewal of residential tenancy
227
When tenant may surrender premises
227–A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...
227–B
Termination of certain contracts by senior citizens
227–C
Termination of residential lease by victims of domestic violence
227–D
Discrimination based on domestic violence status
227–E
Landlord duty to mitigate damages
227–F
Denial on the basis of involvement in prior disputes prohibited
228
Termination of tenancies at will or by sufferance, by notice
229
Liability of tenant holding over after giving notice of intention to quit
230
Right of tenants to form, join or participate in tenants’ groups
231
Lease, when void
231–A
Sprinkler system notice in residential leases
231–B
Flood history and risk notice in residential leases
232
Duration of certain agreements in New York
232–A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
232–B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York
232–C
Holding over by a tenant after expiration of a term longer than one month
233
Manufactured home parks
233–A
Sale of manufactured home parks
233–B
Manufactured home parks
233–B*2
Campgrounds
234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property
234–A
Unauthorized legal fees
235
Wilful violations
235–A
Tenant right to offset payments and entitlement to damages in certain cases
235–B
Warranty of habitability
235–BB
Certificates of occupancy
235–C
Unconscionable lease or clause
235–D
Harassment
235–E
Duty to provide a written receipt
235–F
Unlawful restrictions on occupancy
235–G
Electronic billing and/or payment of rent
235–H
Waiver of right to bring a declaratory judgment action
235–I
Unreasonable tenant fees for reproductions of keys
236
Assignment of lease of a deceased tenant
236–A
Termination of lease of a deceased tenant
237
Discrimination in leases with respect to bearing of children
237–A
Discrimination against children in dwelling houses and manufactured home parks
238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies
238–A
Limitation on fees

Accessed:
Apr. 13, 2024

Last modified:
Dec. 31, 2021

§ 235-E’s source at nysenate​.gov

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