New York State Assembly

Bill No.:  

 
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S05041 Summary:

BILL NO	S05041
SAME AS	SAME AS A00655
SPONSOR	PARKER
COSPNSR
MLTSPNSR
Add §75-a, Pub Serv L
Relates to the collection of charges for residential utility service deemed to be rent.

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S05041 Actions:

BILL NO	S05041
03/06/2017	REFERRED TO ENERGY AND TELECOMMUNICATIONS
01/03/2018	REFERRED TO ENERGY AND TELECOMMUNICATIONS

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S05041 Committee Votes:

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S05041 Floor Votes:

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S05041 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5041
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      March 6, 2017
                                       ___________
 
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on  Energy  and  Telecommuni-
          cations
 
        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.
                                                                   LBD04008-01-7

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