Bill Text: NY A08010 | 2017-2018 | General Assembly | Amended

Bill Title: Prohibits a commercial landlord from interfering with the installation of telephone corporation facilities upon his or her property or premises.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-24 - signed chap.229 [A08010 Detail]

Download: New_York-2017-A08010-Amended.html

                STATE OF NEW YORK
                                                                Cal. No. 840
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 25, 2017
        Introduced  by M. of A. DINOWITZ, VANEL -- read once and referred to the
          Committee on Corporations, Authorities and Commissions -- reported and
          referred to the Committee on Codes -- reported  and  referred  to  the
          Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
          -- advanced to a third reading, passed by Assembly  and  delivered  to
          the Senate, recalled from the Senate, vote reconsidered, bill amended,
          ordered reprinted, retaining its place on the order of third reading
        AN ACT to amend the public service law, in relation to discrimination in
          franchises and privileges
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public service law is amended by adding a  new  section
     2  103 to read as follows:
     3    §  103.  Commercial landlord-tenant relationship.  1. No landlord of a
     4  commercial property shall (a) interfere with the installation  of  tele-
     5  phone corporation facilities upon such property or premises, except that
     6  a landlord of a commercial property may require:
     7    (1)  that the installation of telephone corporation facilities conform
     8  to such reasonable conditions as are necessary to  protect  the  safety,
     9  functioning  and  appearance  of  the  premises, and the convenience and
    10  well-being of other tenants;
    11    (2) that the telephone corporation bear the entire cost of the instal-
    12  lation, operation or removal of such facilities; and
    13    (3) that the telephone corporation agree to indemnify the landlord  of
    14  the commercial property for any damage caused by the installation, oper-
    15  ation or removal of such facilities;
    16    (b)  demand or accept payment from any commercial tenant, in any form,
    17  in exchange for permitting telephone corporation services on  or  within
    18  such  commercial property or premises, or from any telephone corporation
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8010--B                          2
     1  in exchange therefor in excess of any amount which the commission shall,
     2  by regulation, determine to be reasonable; or
     3    (c)  discriminate  in  rental charges or otherwise, between commercial
     4  tenants who receive telephone corporation services and those who do not.
     5    2. No telephone corporation may enter  into  any  agreement  with  the
     6  owners,  lessees or persons controlling or managing commercial buildings
     7  served by a telephone corporation, or do or permit any act,  that  would
     8  have  the  effect,  directly or indirectly of diminishing or interfering
     9  with existing rights of any tenant or other occupant of such building to
    10  use or avail himself or herself of telecommunications services.
    11    § 2. This act shall take effect immediately and shall apply to  leases
    12  entered into, modified or renewed on and after such date.