Prohibits utility service terminations in multiple dwellings; authorizes utility companies to seek a lien against such multiple dwelling for the amount of unpaid utility bills.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8712A
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the real property law and the public service law, in
relation to prohibiting utility service terminations in multiple dwell-
ings
PURPOSE OR GENERAL IDEA OF BILL:
Prohibits utility service terminations in multiple dwellings.
SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 235-a of the real property
law to address cases in which a residential tenant lawfully makes a
payment to a utility company for a water service which a landlord is
responsible for but has failed or refused to provide payment therefore
making such payment deductible from any future payment of rent.
Section two amends section 33 of the public service law on discontinua-
tion of residential utility service to multiple dwellings to allow
public utility companies or municipalities to commence an action against
the owner of the premises affected seeking a lien against such multiple
dwellings for the amount of such utility bills.
Section three amends section 116 of the public service law on discontin-
uation of water service to multiple dwellings to allow public utility
companies or municipalities to commence an action against the owner of
the premises affected seeking a lien against such multiple dwellings for
the amount of such utility bills.
Section four sets forth the effective date.
JUSTIFICATION:
Tenants who are at risk of having their utility services terminated due
to their landlord's nonpayment and whose accounts are in their land-
lord's name are often left with very limited ability to dispute these
issues. For those living in multiple dwellings, they have the option of
forming a tenant's association to try and pay their utility provider
moving forward, however due to large numbers of tenants, language barri-
ers, etc. this has not been seen in practice.
Tenants are then unable to apply for financial assistance to help
restart service because the utility account is not in their name and are
often caught in the middle of their landlord and the utility providers.
Tenants who suffer from termination of utilities by their landlord's
non-payment are often low-income, families with children, elderly indi-
viduals, or those with disabilities. Under this bill, service termi-
nations to multiple dwellings would be prohibited and utility providers
or municipalities, in some cases, would be able to seek a judicial order
for liens on property for the total amount of utility bills due.
PRIOR LEGISLATIVE HISTORY:
None
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
