Changes to NY Rent Laws Require Written Notice of Late Payments
New York landlords and property managers are making changes to how they operate as the Housing Stability and Tenant Protection Act of 2019 goes into effect. New York State’s recent legislation includes substantial changes in rent regulations and tenant protections in the favor of tenants. Read our summary of many of the major changes to New York rent Laws here [link: https://www.rissoft.com/post/what-the-latest-ny-rent-laws-mean-for-property-managers ]. One of the newest items that will affect landlords and property managers is subsection (d) of Section 235-E, duty to provide a written receipt. Landlords are now required to send a written notice to the tenant by certified mail specifying the rent due. This notice cannot include any rent due that is not at least 5 days late, and should only include base rent amounts. If the certified mail notice is not sent, the Tenant can have the case dismissed.
Section 235-E (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.”
What may seem like another daunting item to track and execute as a landlord, RISSOFT property management software can help automate. Important documents and deadlines are controlled in one place within RISSOFT software so the late rent predicate notice can be generated automatically with all necessary details. On the 6th day of rent being overdue a letter filled with the tenant name and address, due date of rent payment, amount due, an attached copy of the Landlord’s rent ledger, and clearly labeled “NOTICE TO TENANT OF LANDLORD’S FAILURE TO RECEIVE PAYMENT OF RENT” is generated. The only remaining steps to be taken are to print the letter and send it certified mail to the tenant. See an example letter here:
With New York legislation changes like a predicate notice required in writing, it is essential to manage your New York properties as efficiently as possible. The only way to effectively do this is by simplifying your daily management functions and automating important documents such as a written notice of late payment. As the New York housing market and real estate industry prepare for the legislative changes brought on by the Housing Stability and Tenant Protection Act of 2019, you can prepare and improve your management systems to combat the changes. Feel free to each out to us at RISSOFT with questions and to learn more about our robust yet user-friendly software.