Prohibits utility service terminations in multiple dwellings; authorizes utility companies or municipalities to commence an action against the owner of the premises affected to seek the appointment of a receiver of rents or payments for use and occupancy or common charges.
STATE OF NEW YORK
________________________________________________________________________
8712--B
2025-2026 Regular Sessions
IN ASSEMBLY
June 2, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Corporations, Authorities and Commissions -- recommitted
to the Committee on Corporations, Authorities and Commissions in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the real property law and the public service law, in
relation to prohibiting utility service terminations in multiple
dwellings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 235-a of the real property law, as
2 amended by chapter 143 of the laws of 2020, is amended to read as
3 follows:
4 1. In any case in which a residential tenant shall lawfully make a
5 payment to a utility company pursuant to the provisions of [sections
6 thirty-three,] section thirty-four [and one hundred sixteen] of the
7 public service law, or to a utility company as defined in subdivision
8 twenty-three of section two of the public service law, public authority,
9 water-works corporation, as defined in subdivision twenty-seven of
10 section two of the public service law, or municipal water system, as
11 prescribed in section eighty-nine-l of the public service law, for water
12 service which a landlord is responsible for but has failed or refused to
13 provide payment therefor, such payment shall be deductible from any
14 future payment of rent.
15 § 2. Section 33 of the public service law, as added by chapter 713 of
16 the laws of 1981, paragraphs (c) and (d) of subdivision 1 as amended by
17 chapter 195 of the laws of 2010, is amended to read as follows:
18 § 33. [Discontinuance of residential utility service to multiple
19 dwellings] Action for receivership of rents and common charges on resi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13069-06-6
A. 8712--B 2
1 dential utility service to multiple dwellings. 1. Notwithstanding any
2 other provisions of law, no public utility company, including the Long
3 Island power authority, or municipality shall discontinue gas, electric
4 or steam service to an entire multiple dwelling (as defined in the
5 multiple dwelling law or the multiple residence law) located anywhere in
6 this state for nonpayment of bills rendered for service [unless such]. A
7 public utility company or municipality may commence an action against
8 the owner of the premises affected seeking the appointment of a receiver
9 of rents or payments for use and occupancy or common charges, as defined
10 in section three hundred thirty-nine-e of the real property law, against
11 such multiple dwelling for the amount of such utility bills. A utility
12 shall have given fifteen days written notice of its intention so to
13 [discontinue] seek such appointment of a receiver as follows:
14 (a) Such notice shall be served personally on the owner of the prem-
15 ises affected, or in lieu thereof, to the person, firm, or corporation
16 to whom or which the last preceding bill has been rendered and from whom
17 or which the utility has received payment therefor, and to the super-
18 intendent or other person in charge of the building or premises
19 affected, if it can be readily ascertained that there is such super-
20 intendent or other person in charge.
21 (b) In lieu of personal delivery to the person or persons, firm or
22 corporation specified in paragraph (a) [above] of this subdivision, such
23 notice may be mailed in a postpaid wrapper to the address of such person
24 or persons, firm or corporation.
25 (c) In addition to the notice prescribed by paragraph (a) or (b) of
26 this subdivision, fifteen days written notice shall be (i) posted in the
27 public areas of such multiple dwelling, (ii) mailed to the "Occupant" of
28 each unit in that multiple dwelling, (iii) mailed to the local health
29 officer and the director of the social services district for the poli-
30 tical subdivision in which the multiple dwelling is located, (iv) if the
31 multiple dwelling is located in a city or a village, mailed to the mayor
32 thereof, or if there be none, to the manager, or, if the multiple dwell-
33 ing is located in a town, then mailed to the town supervisor, (v) mailed
34 to the county executive of the county in which the multiple dwelling is
35 located, or if there be none, then to the [chairman] chairperson of such
36 county's legislative body, and (vi) mailed to the office of the New York
37 state long term care ombudsman, if the multiple dwelling is a residen-
38 tial health care facility as defined in subdivision three of section
39 twenty-eight hundred one of the public health law, an adult care facili-
40 ty as defined in subdivision twenty-one of section two of the social
41 services law, or an assisted living residence as defined in subdivision
42 one of section forty-six hundred fifty-one of the public health law as
43 added by chapter two of the laws of two thousand four. Notice required
44 by subparagraphs (iv) and (v) of this paragraph may be mailed to the
45 persons specified therein or to their respective designees. The notice
46 required by this paragraph shall state [the intended date of discontin-
47 uance of service,] the amount due for such service, and [the procedure
48 by which any tenant or public agency may make such payment and thereby
49 avoid discontinuance of service] that the utility will not discontinue
50 service and shall seek the appointment of a receiver of rents or
51 payments against the owner. The notice shall be in clear and under-
52 standable language and provided in any language required by the commis-
53 sion pursuant to section forty-four of this article, provided that any
54 more expansive language requirement established as part of settlement
55 with the commission or department shall be followed.
A. 8712--B 3
1 [(d) The written notice required by subparagraphs (iii), (iv), (v) and
2 (vi) of paragraph (c) of this subdivision shall be repeated not more
3 than four days nor less than two days prior to such discontinuance.
4 1-a. Whenever a notice of intention to discontinue utility service has
5 been made pursuant to the provisions of this section and obligations
6 owed the utility or municipality have been satisfied, the utility or
7 municipality shall notify, in the same manner as it gave such notice of
8 intention, the occupant of each unit that the intention to discontinue
9 utility service no longer exists.]
10 2. (a) Following the notification of intent to seek an action as
11 outlined in subdivision one of this section, a utility corporation may
12 petition the court of competent jurisdiction for appointment of a
13 receiver of rents or payments for use and occupancy or common charges,
14 as defined in section three hundred thirty-nine-e of the real property
15 law, for any dwelling which the owner or the person, firm or corporation
16 who received such notification is in default. The court shall issue an
17 order to show cause why a receiver should not be appointed, which shall
18 be served upon the owner, the building's lessor, manager, or their agent
19 in a manner prescribed by the court which shall include posting of such
20 order on the premises of such multiple dwelling in question in a manner
21 similar to paragraph (c) of subdivision one of this section. If a peti-
22 tion or petitions are filed by a single petitioner regarding more than
23 one building under the same ownership, the court shall, if practicable,
24 appoint a common receiver for all such buildings and, if filed as sepa-
25 rate actions, may consolidate such petitions and treat them as a single
26 action.
27 (b) A hearing shall be held on such order no later than seventy-two
28 hours after its issuance or the first court day thereafter. The sole
29 purpose of such a hearing shall be to determine whether there is an
30 amount owed between the owner and the utility corporation. The court
31 shall make a determination of any amount due and any amount so deter-
32 mined shall constitute a lien upon the real property of such owner. If
33 after determination of any amount due by the court the owner, the
34 building's lessor, manager, or their agent petitions the court to be
35 permitted to pay such amounts, the court may, in lieu of appointing a
36 receiver, issue an order permitting such owner, the building's lessor,
37 manager, or agent to repay the amounts due the petitioning utility
38 corporation within a time fixed by the court. If at the time fixed in
39 the order the amounts have not been repaid, the court shall appoint such
40 receiver. Such lien shall include:
41 (i) the name and address of the utility corporation, including any
42 doing business as name or the corporation;
43 (ii) the name and address of the corporation's attorney, if any;
44 (iii) the name of the owner of the real property or properties against
45 which such unpaid utility bills exist;
46 (iv) the amount unpaid to the lienor for such arrearage; and
47 (v) the property or properties subject to the lien, with a
48 description thereof sufficient for identification; and if in a city or
49 village, the property or properties location(s) by street and number.
50 Such lien shall be filed in the clerk's office of the county
51 where the property or properties is situated. If such property or prop-
52 erties is situated in two or more counties, such lien shall be
53 filed in the office of the clerk of each of such counties.
54 (c) As soon as practicable, but no more than ten days after the
55 receipt of the order of appointment of such receiver, such receiver
56 shall provide written notice to all occupants of the building or build-
A. 8712--B 4
1 ings, delivered separately to each dwelling unit, stating that the
2 receiver has been authorized to collect all rents or payments for use
3 and occupancy or common charges, as defined in section three hundred
4 thirty-nine-e of the real property law due from such occupant and that
5 the owner, the building's lessor, manager, or their agent is prohibited
6 from collecting such rents or payments for use and occupancy, or common
7 charges. The notice shall additionally be sent to those outlined in
8 paragraph (c) of subdivision one of this section. Such notice shall
9 include the address to which payments are to be made and the contact
10 information with which the receiver will be contacted, which shall
11 include at a minimum a telephone number. The notice shall be in clear
12 and understandable language and provided in any language required by the
13 commission pursuant to section forty-four of this chapter, provided that
14 any more expansive language requirement established as part of settle-
15 ment between the commission or department and the petitioner shall be
16 followed. A copy of the court order appointing the receiver and author-
17 izing the collection of rents shall be attached to the notice.
18 (d) The receiver appointed by the court shall collect all rents or
19 payments for use and occupancy or common charges forthcoming from the
20 occupants of the building or buildings in question in place of the
21 owner, the building's lessor, manager, or any agent. The court shall
22 authorize the receiver to utilize such collected rents or payments for
23 expenses reasonably necessary to continue the operation and management
24 of such building or buildings, make reasonable repairs, and provide
25 reasonable maintenance to the premises as determined by the court and in
26 accordance with section two hundred thirty-five-b of the real property
27 law, the reasonable cost of which, should such actions not be covered
28 by the rents or payments received, shall be added to the total amount
29 due and owing from the owner. The receiver may also petition the court
30 in order to recover amounts due as determined under paragraph (b) of
31 this subdivision and continuing charges for such gas, electric, or steam
32 service until all such charges and other costs have been paid.
33 (e) The receiver shall pay the petitioner or other supplier from such
34 rents or payments for use and occupancy or common charges for electric,
35 gas, water, or steam, supplied on and after the date of their appoint-
36 ment. The owner, the building's lessor, manager, or their agent shall be
37 liable for such reasonable fees and costs determined by the court to be
38 due to the receiver, which fees and costs may be recovered from the
39 rents or payments for use and occupancy under the control of the receiv-
40 er, provided no such fees or costs shall be recovered until after the
41 payment for current electric, gas, water, or steam delivery has been
42 made. Any moneys from rental payments or payments for use and occupancy
43 or common charges remaining after payment for current electric, gas,
44 steam and water service deliveries, for expenses reasonably necessary to
45 continue the operation and management of such building or buildings as
46 determined by the court and in accordance with section two hundred thir-
47 ty-five-b of the real property law, and after payment for reasonable
48 costs and fees to the receiver, shall be applied to any arrearage found
49 by the court to be due and owing the petitioner from the owner or their
50 agent for service provided to such building or buildings. Any moneys
51 remaining thereafter shall be turned over to the owner, the building's
52 lessor, manager, or their agent. The court may order an accounting to be
53 made at such times as it determines to be just, reasonable, and neces-
54 sary.
55 (f) For the purposes of this section, the department charged with
56 enforcing the multiple dwelling law shall prepare a schedule of all
A. 8712--B 5
1 multiple dwellings within its jurisdiction and shall provide a copy of
2 such schedule to any gas, steam or electric corporation or municipality
3 subject to the provisions of this section. Such schedule shall be
4 revised semi-annually and a revised copy provided to such corporation.
5 Every county, and every municipality to which the multiple dwelling law
6 does not apply, which county or municipality has compiled or hereafter
7 may compile a listing of all multiple dwellings within its jurisdiction
8 shall make such listing available without charge to any gas, steam or
9 electric corporation providing service in such county or municipality.
10 3. [Any gas, electric or steam corporation or municipality which will-
11 fully fails to comply with the provisions of this section shall be
12 liable for a penalty of twenty-five dollars for each occupied unit of
13 the multiple dwelling for each day during which service is unlawfully
14 discontinued; provided, however, that when the only non-compliance with
15 this section is failure to mail notice to each "Occupant" as required by
16 clause (ii) of paragraph (c) of subdivision one above the penalty shall
17 be twenty-five dollars for each occupied unit of the multiple dwelling
18 to which notice was not mailed for each day during which service is
19 unlawfully discontinued. An action to recover a penalty under this
20 section may be brought by the counsel to the commission in any court of
21 competent jurisdiction in this state in the name of the people of the
22 state of New York. Any moneys recovered in such action shall be paid to
23 the state treasury to the credit of the general fund.
24 4.] Any receivership established pursuant to subdivision two of this
25 section shall be terminated by the court upon its finding, through
26 notification by the receiver, that the arrearage which was the subject
27 of the original petition has been satisfied, or that the building has
28 been sold and the new owner has assumed liability for prospective
29 service supplied by the petitioner. Upon the court's termination of any
30 receivership established pursuant to subdivision two of this section,
31 the receiver shall provide written notice to all occupants of the build-
32 ing or buildings, delivered in the same manner as notification was sent
33 pursuant to paragraph (c) of subdivision two of this section, stating
34 that the receivership has been terminated by the court and the owner,
35 the building's lessor, manager, or their agent is again authorized to
36 collect rents or payments for use and occupancy, or common charges.
37 4. Nothing in this section shall prevent the petitioner from pursuing
38 any other action or remedy it may have against the owner, the building's
39 lessor, manager, or their agent.
40 5. Nothing in this section shall prevent an action by a tenant or
41 tenants from pursuing any other action or remedy available to them
42 against the owner or their agent, or limit any provision of law provid-
43 ing for the protection or rights of a tenant in regards to eviction.
44 6. Any owner or agent of such owner who collects or attempts to
45 collect any rent or payment for use and occupancy from any occupant of a
46 building subject to an order appointing a receiver may be found, after
47 due notice and hearing, to be in contempt of court.
48 7. Any person who willfully interferes with the posting of the notice
49 specified in [clause] subparagraph (i) of paragraph (c) of subdivision
50 one [above], subdivision two, or in subdivision three of this section by
51 any gas, steam or electric corporation or municipality, or agent of the
52 court willfully defaces or mutilates any such notice, or willfully
53 removes the same from the place where it is posted by such company or
54 court agent prior to the date specified therein for the [discontinuance
55 of service] notice to seek lien, order to show cause, or notice of
56 termination of receiver shall be guilty of a violation and, upon
A. 8712--B 6
1 conviction, shall be punished by a fine not exceeding twenty-five
2 dollars.
3 [5. The commission shall maintain rules and regulations for the
4 payment by tenants of utility bills for gas, electric or steam service
5 in a multiple dwelling to which this section applies where the owner of
6 any such multiple dwelling, or the person, firm or corporation to whom
7 or which the last preceding bill has been rendered or from whom or which
8 the utility or municipality has received payment therefor, has failed to
9 pay such utility bills. Such rules and regulations shall (a) provide
10 that utility service may not be discontinued to any such multiple dwell-
11 ing as long as the tenants continue to make timely payments in accord-
12 ance with established procedures; (b) include designation of an office
13 to advise tenants of the rights and procedures available pursuant to
14 such rules and regulations; (c) assure that tenants shall not be liable
15 for bills more than two months in arrears; and (d) require the commis-
16 sion upon petition of twenty-five percent of the tenants of such multi-
17 ple dwelling to meet with representatives of such tenants and the owner,
18 person, firm or corporation to whom or which the last preceding bill has
19 been rendered or from whom or which the utility has received payment
20 therefor.]
21 § 3. Section 116 of the public service law, as amended by chapter 713
22 of the laws of 1981, subdivision 5 as separately amended by chapter 511
23 of the laws of 1981, is amended to read as follows:
24 § 116. [Discontinuance of water service to multiple dwellings.] Action
25 for receivership of rents and common charges on residential water
26 service to multiple dwellings. 1. Notwithstanding any other provisions
27 of law, no public utility company shall discontinue water service to an
28 entire multiple dwelling (as defined in the multiple dwelling law or the
29 multiple residence law) located anywhere in this state for nonpayment of
30 bills rendered for service [unless such]. A public utility company or
31 municipality may commence an action against the owner of the premises
32 affected seeking the appointment of a receiver of rents or payments for
33 use and occupancy or common charges, as defined in section three hundred
34 thirty-nine-e of the real property law, against such multiple dwelling
35 for the amount of such utility bills. A utility shall have given fifteen
36 days' written notice of its intention so to [discontinue] seek such
37 appointment of receiver as follows:
38 (a) Such notice shall be served personally on the owner of the prem-
39 ises affected, or in lieu thereof, to the person, firm, or corporation
40 to whom or which the last preceding bill has been rendered and from whom
41 or which the utility has received payment therefor, and to the super-
42 intendent or other person in charge of the building or premises
43 affected, if it can be readily ascertained that there is such super-
44 intendent or other person in charge.
45 (b) In lieu of personal delivery to the person or persons, firm or
46 corporation specified in paragraph (a) [above] of this subdivision, such
47 notice may be mailed in a postpaid wrapper to the address of such person
48 or persons, firm or corporation.
49 (c) In addition to the notice prescribed by paragraph (a) or (b)
50 [above] of this subdivision, fifteen days' written notice shall be (i)
51 posted in the public areas of such multiple dwelling, (ii) mailed to the
52 "Occupant" of each unit in that multiple dwelling, (iii) mailed to the
53 local health officer and the director of the social services district
54 for the political subdivision in which the multiple dwelling is located,
55 (iv) if the multiple dwelling is located in a city or a village, mailed
56 to the mayor thereof, or if there be none, to the manager, or, if the
A. 8712--B 7
1 multiple dwelling is located in a town, then mailed to the town supervi-
2 sor, and (v) mailed to the county executive of the county in which the
3 multiple dwelling is located, or if there be none, then to the [chair-
4 man] chairperson of such county's legislative body. Notice required by
5 subparagraphs (iv) and (v) of this paragraph may be mailed to the
6 persons specified therein or to their respective designees. The notice
7 required by this paragraph shall state the [intended date of discontin-
8 uance of service, the] amount due for such service, and [the procedure
9 by which any tenant or public agency may make such payment and thereby
10 avoid discontinuance of service] that the utility will not discontinue
11 service and shall seek the appointment of a receiver of rents or
12 payments against the owner. The notice shall be in clear and understand-
13 able language and provided in any language required by the commission
14 pursuant to section forty-four of this chapter, provided that any more
15 expansive language requirement established as part of settlement with
16 the commission or department shall be followed.
17 [(d) The written notice required by clauses (iii), (iv) and (v) of
18 paragraph (c) above shall be repeated not more than four days nor less
19 than two days prior to such discontinuance.
20 1-a. Whenever a notice of intention to discontinue utility service has
21 been made pursuant to the provisions of this section and obligations
22 owed the utility have been satisfied, the utility shall notify, in the
23 same manner as it gave such notice of intention, the occupant of each
24 unit that the intention to discontinue utility service no longer
25 exists.]
26 2. (a) Following the notification of intent to seek an action as
27 outlined in subdivision one of this section, a utility corporation may
28 petition the court of competent jurisdiction for appointment of a
29 receiver of rents or payments for use and occupancy or common charges,
30 as defined in section three hundred thirty-nine-e of the real property
31 law, for any dwelling which the owner or the person, firm or corporation
32 who received such notification is in default. The court shall issue an
33 order to show cause why a receiver should not be appointed, which shall
34 be served upon the owner, the building's lessor, manager, or their agent
35 in a manner prescribed by the court which shall include posting of such
36 order on the premises of such multiple dwelling in question in a manner
37 similar to paragraph (c) of subdivision one of this section. If a peti-
38 tion or petitions are filed by a single petitioner regarding more than
39 one building under the same ownership, the court shall, if practicable,
40 appoint a common receiver for all such buildings and, if filed as sepa-
41 rate actions, may consolidate such petitions and treat them as a single
42 action.
43 (b) A hearing shall be held on such order no later than seventy-two
44 hours after its issuance or the first court day thereafter. The sole
45 purpose of such a hearing shall be to determine whether there is an
46 amount owed between the owner and the utility corporation. The court
47 shall make a determination of any amount due and any amount so deter-
48 mined shall constitute a lien upon the real property of such owner. If
49 after determination of any amount due by the court the owner, the
50 building's lessor, manager, or their agent petitions the court to be
51 permitted to pay such amounts, the court may, in lieu of appointing a
52 receiver, issue an order permitting such owner, the building's lessor,
53 manager, or agent to repay the amounts due the petitioning utility
54 corporation within a time fixed by the court. If at the time fixed in
55 the order the amounts have not been repaid, the court shall appoint such
56 receiver. Such lien shall include:
A. 8712--B 8
1 (i) the name and address of the utility corporation, including any
2 doing business as name or the corporation;
3 (ii) the name and address of the corporation's attorney, if any;
4 (iii) the name of the owner of the real property or properties against
5 which such unpaid utility bills exist;
6 (iv) the amount unpaid to the lienor for such arrearage; and
7 (v) the property or properties subject to the lien, with a
8 description thereof sufficient for identification; and if in a city or
9 village, the property or properties location(s) by street and number.
10 Such lien shall be filed in the clerk's office of the county
11 where the property or properties is situated. If such property or prop-
12 erties is situated in two or more counties, such lien shall be
13 filed in the office of the clerk of each of such counties.
14 (c) As soon as practicable, but no more than ten days after the
15 receipt of the order of appointment of such receiver, such receiver
16 shall provide written notice to all occupants of the building or build-
17 ings, delivered separately to each dwelling unit, stating that the
18 receiver has been authorized to collect all rents or payments for use
19 and occupancy or common charges, as defined in section three hundred
20 thirty-nine-e of the real property law due from such occupant and that
21 the owner, the building's lessor, manager, or their agent is prohibited
22 from collecting such rents or payments for use and occupancy, or common
23 charges. The notice shall additionally be sent to those outlined in
24 paragraph (c) of subdivision one of this section. Such notice shall
25 include the address to which payments are to be made and the contact
26 information with which the receiver will be contacted, which shall
27 include at a minimum a telephone number. The notice shall be in clear
28 and understandable language and provided in any language required by the
29 commission pursuant to section forty-four of this chapter, provided that
30 any more expansive language requirement established as part of settle-
31 ment between the commission or department and the petitioner shall be
32 followed. A copy of the court order appointing the receiver and author-
33 izing the collection of rents shall be attached to the notice.
34 (d) The receiver appointed by the court shall collect all rents or
35 payments for use and occupancy or common charges forthcoming from the
36 occupants of the building or buildings in question in place of the
37 owner, the building's lessor, manager, or any agent. The court shall
38 authorize the receiver to utilize such collected rents or payments for
39 expenses reasonably necessary to continue the operation and management
40 of such building or buildings, make reasonable repairs, and provide
41 reasonable maintenance to the premises as determined by the court and in
42 accordance with section two hundred thirty-five-b of the real property
43 law, the reasonable cost of which, should such actions not be covered
44 by the rents or payments received, shall be added to the total amount
45 due and owing from the owner. The receiver may also petition the court
46 in order to recover amounts due as determined under paragraph (b) of
47 this subdivision and continuing charges for such gas, electric, or steam
48 service until all such charges and other costs have been paid.
49 (e) The receiver shall pay the petitioner or other supplier from such
50 rents or payments for use and occupancy or common charges for electric,
51 gas, water, or steam, supplied on and after the date of their appoint-
52 ment. The owner or their agent shall be liable for such reasonable fees
53 and costs determined by the court to be due to the receiver, which fees
54 and costs may be recovered from the rents or payments for use and occu-
55 pancy under the control of the receiver, provided no such fees or costs
56 shall be recovered until after the payment for current electric, gas,
A. 8712--B 9
1 water, or steam delivery has been made. Any moneys from rental payments
2 or payments for use and occupancy or common charges remaining after
3 payment for current electric, gas, steam and water service deliveries,
4 for expenses reasonably necessary to continue the operation and manage-
5 ment of such building or buildings as determined by the court and in
6 accordance with section two hundred thirty-five-b of the real property
7 law, and after payment for reasonable costs and fees to the receiver,
8 shall be applied to any arrearage found by the court to be due and owing
9 the petitioner from the owner or their agent for service provided to
10 such building or buildings. Any moneys remaining thereafter shall be
11 turned over to the owner, the building's lessor, manager, or their
12 agent. The court may order an accounting to be made at such times as it
13 determines to be just, reasonable, and necessary.
14 (f) For the purposes of this section, the department charged with
15 enforcing the multiple dwelling law shall prepare a schedule of all
16 multiple dwellings within its jurisdiction and shall provide a copy of
17 such schedule to any water corporation subject to the provisions of this
18 section. Such schedule shall be revised semi-annually and a revised copy
19 provided to such corporation. Every county, and every municipality to
20 which the multiple dwelling law does not apply, which county or munici-
21 pality has compiled or hereafter may compile a listing of all multiple
22 dwellings within its jurisdiction shall make such listing available
23 without charge to any water corporation providing service in such county
24 or municipality.
25 3. [Any water corporation which willfully fails to comply with the
26 provisions of this section shall be liable for a penalty of twenty-five
27 dollars for each occupied unit of the multiple dwelling for each day
28 during which service is unlawfully discontinued; provided, however, that
29 when the only non-compliance with this section is failure to mail notice
30 to each "Occupant" as required by clause (ii) of paragraph (c) of subdi-
31 vision one above the penalty shall be twenty-five dollars for each occu-
32 pied unit of the multiple dwelling to which notice was not mailed for
33 each day during which service is unlawfully discontinued. An action to
34 recover a penalty under this section may be brought by the counsel to
35 the commission in any court of competent jurisdiction in this state in
36 the name of the people of the state of New York. Any monies recovered in
37 such action shall be paid to the state treasury to the credit of the
38 general fund.
39 4.] Any receivership established pursuant to subdivision two of this
40 section shall be terminated by the court upon its finding, through
41 notification by the receiver, that the arrearage which was the subject
42 of the original petition has been satisfied, or that the building has
43 been sold and the new owner has assumed liability for prospective
44 service supplied by the petitioner. Upon the court's termination of any
45 receivership established pursuant to subdivision two of this section,
46 the receiver shall provide written notice to all occupants of the build-
47 ing or buildings, delivered in the same manner as notification was sent
48 pursuant to paragraph (c) of subdivision two of this section, stating
49 that the receivership has been terminated by the court and the owner,
50 the building's lessor, manager, or their agent is again authorized to
51 collect rents or payments for use and occupancy, or common charges.
52 4. Nothing in this section shall prevent the petitioner from pursuing
53 any other action or remedy it may have against the owner or their agent.
54 5. Nothing in this section shall prevent an action by a tenant or
55 tenants from pursuing any other action or remedy available to them
A. 8712--B 10
1 against the owner or their agent, or limit any provision of law provid-
2 ing for the protection or rights of a tenant in regards to eviction.
3 6. Any owner or agent of such owner who collects or attempts to
4 collect any rent or payment for use and occupancy from any occupant of a
5 building subject to an order appointing a receiver may be found, after
6 due notice and hearing, to be in contempt of court.
7 7. Any person who willfully interferes with the posting of the notice
8 specified in [clause] subparagraph (i) of paragraph (c) of subdivision
9 one, subdivision two, and subdivision three [above] of this section by
10 any water corporation or agent of the court, willfully defaces or muti-
11 lates any such notice, or willfully removes the same from the place
12 where it is posted by such company or court agent prior to the date
13 specified therein for the [discontinuance of service] notice to seek
14 lien, order to show cause, or notice of termination of receiver shall be
15 guilty of a violation and, upon conviction, shall be punished by a fine
16 not exceeding twenty-five dollars.
17 [5. The commission shall maintain rules and regulations for the
18 payment by tenants of utility bills for water service in a multiple
19 dwelling to which this section applies where the owner of any such
20 multiple dwelling, or the person, firm or corporation to whom or which
21 the last preceding bill has been rendered or from whom or which the
22 utility has received payment therefore, has failed to pay such utility
23 bills. Such rules and regulations shall (i) provide that utility service
24 may not be discontinued to any such multiple dwelling as long as the
25 tenants continue to make timely payments in accordance with established
26 procedures; (ii) include designation of an office to advise tenants of
27 the rights and procedures available pursuant to such rules and regu-
28 lations; (iii) assure that tenants shall not be liable for bills more
29 than two months in arrears; and (iv) require the commission upon peti-
30 tion of twenty-five percent of the tenants of such multiple dwelling to
31 meet with representatives of such tenants and the owner, person, firm or
32 corporation to whom or which the last preceding bill has been rendered
33 or from whom or which the utility has received payment therefore.]
34 § 4. This act shall take effect on the ninetieth day after it shall
35 have become a law.
