N.Y. Comp. Codes R. & Regs. tit. 9 § 2505.2
Current through Register Vol. 46, No. 45, November 2, 2024
(a) The legal regulated rents and other requirements provided in this Chapter shall not be evaded, either directly or indirectly, in connection with the renting or leasing or the transfer of a lease of housing accommodations by requiring the tenant to pay, or obligate himself for membership or other fees, or by modification of the practices relating to payment of commissions or other charges, or by modification of the services furnished or required to be furnished with the housing accommodations, or otherwise.(b)(1) Upon the receipt of rent in the form of cash or any instrument other than the personal check of the tenant, it shall be the duty of the owner to provide the tenant with a written receipt containing the following: (iii) the identity of the premises and period for which paid; and(iv) the signature and title of the person receiving the rent.(2) A tenant may request in writing that an owner provide a receipt for rent paid by personal check. If such request is made, the owner shall provide the tenant with the receipt described in paragraph (1) of this subdivision.(3) The receipt provided pursuant to this subdivision shall state the name and address of the managing agent or designee thereof. A failure to comply with the provisions of this subdivision shall constitute an evasionary practice.(4) Such request shall, unless otherwise specified by the tenant, remain in effect for the duration of such tenant's tenancy. The owner shall maintain a record of all cash receipts for rent for at least three years unless a longer period is required by other provisions of this Title.(5) If a payment of rent is personal transmitted to an owner, the receipts for such payment shall be issued immediately to a tenant. If a payment of rent is transmitted indirectly to an owner, a tenant shall be provided with a receipt within fifteen days of such rent payment.(6) If an owner or an agent of an owner authorized to receive rent fails to receive payment for rent within five days of the date specified in a lease agreement, such owner shall send the tenant, by certified mail, a written notice stating the failure to receive such rent payment. The failure of an owner or an agent of the owner authorized to receive rent to provide a tenant with a written notice of the non-payment of rent may be used as an affirmative defense by such tenant in an eviction proceeding based on the non-payment of rent.N.Y. Comp. Codes R. & Regs. Tit. 9 § 2505.2
Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023