LL No Longer Accepts US Postal Money Orders

[Cazmia]

I have lived in my rent stabilized apartment in the Bronx since 1981. I have ALWAYS paid my rent in U.S. Postal money orders. A few weeks ago, I received a notice from my LL about a new website I could use to pay my rent. The imolication was that this was an option.

This morning, there was another notice from my LL on my doorknob saying he would no longer be accepting US Postal money orders for the rent, and that if I sent my payment that way it would be returned. I checked other apt doors and there were no notices, only on my door.
I suffer constant harassment from this LL since he took over, because he has been sending me letters saying I am behind on rent since he bought the building in 2012. I am happy, because I have all my receipts and have sent copies to his contact fax and address, but he acts as if he has not received my proof and continues to harass me.
Is it legal for my LL to refuse to accept money orders after over 34 years? Aren't US Postal money orders legally considered payment in New York City?

[Cazmia]

I should mention that the receipts I am referring to are the money order stubs. My landlord has never given me receipts for my money orders, or responded to any of my inquiries or concerns in any shape or form.
You can reach a secretary at his office, but they will tell you for weeks on end that he's not in, and never contact you to return messages.

[TenantNet]

From the NYC RGB:

Can my landlord demand rent payment by cash or money order only?

No. According to the NYS Division of Housing and Community Renewal (DHCR), the state agency that administers the rent laws, cash, money orders, personal checks and cashier's checks are all valid ways to pay your rent, but your landlord cannot demand a specific form of payment unless the tenant agrees to it in a stipulation in Housing Court.

Just tell the LL that paying by MO is a lawful form of payment.

But here's another view: http://goo.gl/BMKevG

Check with other tenants and see if the LL accepts MO from them. I would not trust one of those website to pay rent (what is the URL?) unless it's a major bank.

If you pay by Money Order (which I do), make sure you add certain pieces of information:

1. Your name (both signature and printed)
2. Name of Owner or Management company (the payee)
3. The address to which this applies
4. Some money order sellers limit the amount of each money order to $500 or some other figure. So if you use multiple M.O. to pay, on each write 1 of 2, 2 of 2, etc.
5. Earmark the payment to a specific month. This is important. For example, write something like "Rent for October 2015 only; no other months" This prevents the LL from applying the MO to some other months that he might claim to be in arrears.
6. Duplicate all the above on the tear-off receipt.
7. Get a receipt for the transaction from the MO seller.

Note: I use Western Union MOs rather than Postal MOs because they are larger and you can write all the above on them.

Make absolutely sure you make copies of the MO and the receipt. I scan them into the computer.

When you mail them to the LL, I use a Certificate of Mailing - sort of like Certified mail but only $1.35 and you don't get the green card back. Get a receipt from the PO for the postage and Certificate of Mailing. The receip is in addition to the Certificate.

For more important items like lease renewals I will use certified mail.

I can't stress this enough. Make copies.

Keep a running track of your monthly payments including MO serial numbers. After a few weeks I call the 800 number on the MO and it tells me if it has been cashed or not.

When you walk into court with copies and spreadsheets of payments, the court will give you a lot more credibility.

They may be driving you batty, but turn the tables on them. Drive them batty.

[Cazmia]

Thank you, I don't know what I'd do without Tenantnet forum. The website is: paylease.com.

I Googled it and the word "scam" and found mixed reviews, including a man from CA who said he was charged $38 to pay a $708 bill.

It appears I was the only one to receive the notice in an 11 unit building. Would I call DHCR and bring this to their attention?

[TenantNet]

I don't know how it would apply with DHCR.

Do they add a surcharge on top of the rent amount?

How do you pay them, automatic deduction from your bank account, or by credit card? How does that work?

[TenantNet]

Seems there might be some hefty surcharges. Look at http://villagesofcampbelloaks.com/payments

Just Google "how does paylease work?" or "rent stabilization "paylease""
Also: https://creditboards.com/forums/index.p ... pic=382406

If you pay by credit card and your rent is $1,000, the surcharge could be $30. That's an overcharge in our opinion and you are not required to do that.

I can't find any court cases directly on point, but if you find a similar service with a different name, then you can google that name as well to see if there's been any litigation on this point.

[BubbaJoe123]

It's black letter law, landlord can't require use of an electronic payment system, and can't charge you extra for not agreeing to use that system.

NY RPL 235-g

§ 235-g. Electronic billing and/or payment of rent. 1. A landlord shall not require a lessee or tenant to use an electronic billing and/or payment system as the only method for the payment of rent. A landlord shall not assess any fee or other charge for a lessee or tenant that chooses not to use an electronic billing and/or payment system.
2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his or her rights as set forth in this section shall be void as contrary to public policy.

http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:

[Cazmia]

Thank you. I spoke to a DHCR representative over the phone and was told I absolutely can keep paying the way I always have. Any changes would have to be agreed upon by me via stipulation.

[TenantNet]

Let us know what happens down the road. And it might be catching. Last month my LL sent around a notice in our rent bill recommending tenants pay by a similar company (not PayLease). But they did say it was the "preferred way" to pay. It may be convenient for both LL and tenant, but I know many tenants who do not want to share their personal banking information with the LL. So while there's nothing that says you can't pay that way, you are not required to do so.