Bill Text: NY A02329 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the collection of charges for heat-related residential utility service.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-01-06 - referred to housing [A02329 Detail]

Download: New_York-2015-A02329-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2329
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 16, 2015
                                      ___________
       Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
         Committee on Housing
       AN ACT to amend the multiple dwelling law  and  the  multiple  residence
         law,  in  relation to the collection of charges for heat-related resi-
         dential utility service
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  findings  and intent. The legislature hereby
    2  finds that assessment and collection  by  multiple  dwelling  owners  of
    3  separate  charges  for  electricity,  electric service, natural gas, and
    4  natural gas service or other fuel used to heat living quarters is not in
    5  the public interest and should be prohibited.
    6    S 2. Subdivision 1 of section 79 of  the  multiple  dwelling  law,  as
    7  amended  by  chapter  225  of  the  laws  of 1982, is amended to read as
    8  follows:
    9    1. Every multiple dwelling exceeding two stories in height and erected
   10  after April eighteenth, nineteen hundred twenty-nine, and every  garden-
   11  type  maisonette  dwelling project erected after April eighteenth, nine-
   12  teen hundred fifty-four, shall be  provided  with  heat.  On  and  after
   13  November  first,  nineteen  hundred  fifty-nine, every multiple dwelling
   14  shall be provided with heat or the  equipment  or  facilities  therefor.
   15  During  the months between October first and May thirty-first, such heat
   16  and the equipment or facilities shall  be  sufficient  to  maintain  the
   17  minimum  temperatures  required  by  local law, ordinance, rule or regu-
   18  lation, in all portions of the dwelling  used  or  occupied  for  living
   19  purposes  provided,  however, that such minimum temperatures shall be as
   20  follows:  (a) sixty-eight degrees Fahrenheit during  the  hours  between
   21  six  o'clock in the morning and ten o'clock in the evening, whenever the
   22  outdoor temperature falls below fifty-five degrees Fahrenheit,  notwith-
   23  standing  the  provisions  of paragraph a of subdivision four of section
   24  three of this chapter, and (b) at least  fifty-five  degrees  Fahrenheit
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07733-01-5
       A. 2329                             2
    1  during  the  hours between ten o'clock in the evening and six o'clock in
    2  the morning, whenever the outdoor temperature falls below forty  degrees
    3  Fahrenheit. Nothing in this section shall be deemed to relieve any owner
    4  of  the duty of providing centrally supplied or other approved source of
    5  heat prior to November first, nineteen hundred fifty-nine  in  any  case
    6  where such heat is required by this chapter or any other law, ordinance,
    7  rule  or regulation to be supplied in a dwelling prior to said date. The
    8  heating system in dwellings used for single room occupancy shall  be  in
    9  conformity  with  the requirements of section two hundred forty-eight OF
   10  THIS CHAPTER. NO OWNER OR AGENT OF ANY  OWNER  SHALL  SEPARATELY  CHARGE
   11  TENANTS  OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL GAS
   12  OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS.
   13    S 3. Section 173 of the multiple residence law, as amended by  chapter
   14  225 of the laws of 1982, is amended to read as follows:
   15    S  173. Heating. Every new dwelling shall be provided with heat in all
   16  living rooms sufficient to maintain the minimum temperatures required by
   17  local law, ordinances, rules or  regulation,  or  by  the  local  public
   18  health  officer, provided, however, that such minimum temperature shall,
   19  notwithstanding the provisions  of  subdivision  one  of  section  three
   20  hundred  twenty-nine  of this chapter, be sixty-eight degrees Fahrenheit
   21  during the hours between six o'clock in the morning and ten  o'clock  in
   22  the  evening  during  the  months  between October first and May thirty-
   23  first, whenever the outdoor temperature falls below  fifty-five  degrees
   24  Fahrenheit.  NO  OWNER  OR  AGENT  OF  ANY OWNER SHALL SEPARATELY CHARGE
   25  TENANTS OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL  GAS
   26  OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS.
   27    S 4. This act shall take effect immediately.