A 3121: Prohibits residential landlords from charging tenants with fees for the payment of rent through an automated clearing house or online payment system.

  
  STATE OF NEW YORK ________________________________________________________________________ 3121 2025-2026 Regular Sessions  IN ASSEMBLY January 23, 2025 ___________ Introduced by M. of A. ROSENTHAL, TAYLOR, BURDICK -- read once and referred to the Committee on Housing AN ACT to amend the real property law, in relation to prohibiting resi- dential landlords from charging tenants with fees for the payment of rent through an automated clearing house or online payment system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 235-g of the real property law, as added by chapter 2 367 of the laws of 2010, is amended to read as follows: 3 § 235-g. Electronic billing and/or payment of rent. 1. A landlord 4 shall not require a lessee or tenant to use an electronic billing and/or 5 payment system as the only method for the payment of rent. A landlord 6 shall not assess any fee or other charge for a lessee or tenant that 7 chooses not to use an electronic billing and/or payment system. 8 2. A landlord shall not assess any fee or other charge for the use of 9 an automated clearing house payment for the payment of rent. 10 3. A landlord shall provide a lessee or tenant a method for the 11 payment of rent that does not incur a fee or other charge assessed by 12 the landlord. This method may include but is not limited to cash or 13 personal check of the lessee or tenant. 14 4. Any agreement by a lessee or tenant of a dwelling waiving or modi- 15 fying [his or her] their rights as set forth in this section shall be 16 void as contrary to public policy. 17 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02960-01-5