Bill Text: NY A02365 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the collection of charges for residential utility service deemed to be rent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-25 - reported referred to codes [A02365 Detail]

Download: New_York-2019-A02365-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2365
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
          Committee on Energy
        AN ACT to amend the public service law, in relation to the collection of
          charges for residential utility service deemed to be rent
          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 deeming by owners of charges to residential tenants for elec-
     3  tric service to be rent is not in the  public  interest  and  should  be
     4  prohibited.
     5    §  2.   The public service law is amended by adding a new section 75-a
     6  to read as follows:
     7    § 75-a. Defense in case of charges  for  residential  utility  service
     8  deemed  to  be rent. In an action or proceeding brought in any court for
     9  possession of real property by reason of unpaid charges claimed  by  the
    10  owner  or  his  or  her  agent for utility service, if it is alleged and
    11  established that charges for utility service to any  residential  tenant
    12  are  deemed  to  be rent under the terms of any arrangement or agreement
    13  relating to rental of residential property, no  recovery  of  possession
    14  shall  be had therein, and the fact that charges for utility service for
    15  residential use are deemed to be rent shall be  a  complete  defense  to
    16  such action.
    17    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06941-01-9
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