New York S 3845: Prohibits 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

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S03845 Summary:

BILL NOS03845B

&nbsp

SAME ASSAME AS A00056-B

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §238-a, RP L; amd §5-328, Gen Ob L

&nbsp

Prohibits 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, provided such dishonored check fee was included in the initial lease.

Go to top S03845 Actions:

BILL NOS03845B

&nbsp

01/30/2025REFERRED TO JUDICIARY

03/25/2025AMEND AND RECOMMIT TO JUDICIARY

03/25/2025PRINT NUMBER 3845A

05/19/2025AMEND AND RECOMMIT TO JUDICIARY

05/19/2025PRINT NUMBER 3845B

05/28/20251ST REPORT CAL.1420

05/29/20252ND REPORT CAL.

06/04/2025ADVANCED TO THIRD READING 

06/12/2025SUBSTITUTED BY A56B

&nbspA00056 AMEND=B Epstein (MS)

&nbsp01/08/2025referred to housing

&nbsp02/11/2025reported 

&nbsp02/13/2025advanced to third reading cal.11

&nbsp03/25/2025amended on third reading 56a

&nbsp04/02/2025passed assembly

&nbsp04/02/2025delivered to senate

&nbsp04/02/2025REFERRED TO JUDICIARY

&nbsp05/20/2025recalled from senate

&nbsp05/20/2025RETURNED TO ASSEMBLY

&nbsp05/20/2025vote reconsidered - restored to third reading

&nbsp05/20/2025amended on third reading 56b

&nbsp05/27/2025repassed assembly

&nbsp05/27/2025returned to senate

&nbsp05/27/2025RECOMMITTED TO JUDICIARY

&nbsp06/12/2025SUBSTITUTED FOR S3845B

&nbsp06/12/20253RD READING CAL.1420

&nbsp06/12/2025REPASSED SENATE

&nbsp06/12/2025RETURNED TO ASSEMBLY

&nbsp10/09/2025delivered to governor

&nbsp10/16/2025signed chap.431

Go to topS03845 Committee&nbspVotes:

Go to topS03845 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03845 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3845--B

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Judiciary -- commit-
 tee discharged, bill amended, ordered reprinted as amended and recom-
 mitted to said committee -- committee discharged, bill amended,
 ordered reprinted as amended and recommitted to said committee

 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 (i) such payment, fee, or charge shall not exceed the actual costs,
 14 charges or fees incurred by landlord, lessor, sub-lessor or grantor for
 15 the return of such dishonored check or the amount set forth in subdivi-
 16 sion three of section 5-328 of the general obligations law, whichever is
 17 greater; and
 18 (ii) if the payment, fee or charge exceeds the amount set forth in
 19 subdivision three of section 5-328 of the general obligations law, the
 20 landlord, lessor, sub-lessor or grantor shall provide to the tenant upon

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00565-06-5

 S. 3845--B 2

 1 request evidence substantiating the equivalence between the payment, fee
 2 or charge and the amount of actual costs, charges or fee