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.
STATE OF NEW YORK
________________________________________________________________________
8118
2025-2026 Regular Sessions
IN SENATE
May 15, 2025
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
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 dwell-
19 ings. 1. Notwithstanding any other provisions of law, no public utility
20 company or municipality shall discontinue gas, electric or steam service
21 to an entire multiple dwelling (as defined in the multiple dwelling law
22 or the multiple residence law) located anywhere in this state for
23 nonpayment of bills rendered for service [unless such]. A public utility
24 company or municipality may commence an action against the owner of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13069-01-5
S. 8118 2
1 premises affected seeking a lien against such multiple dwelling for the
2 amount of such utility bills. A utility shall have given fifteen days
3 written notice of its intention so to [discontinue] seek such lien as
4 follows:
5 (a) Such notice shall be served personally on the owner of the prem-
6 ises affected, or in lieu thereof, to the person, firm, or corporation
7 to whom or which the last preceding bill has been rendered and from whom
8 or which the utility has received payment therefor, and to the super-
9 intendent or other person in charge of the building or premises
10 affected, if it can be readily ascertained that there is such super-
11 intendent or other person in charge.
12 (b) In lieu of personal delivery to the person or persons, firm or
13 corporation specified in paragraph (a) [above] of this subdivision, such
14 notice may be mailed in a postpaid wrapper to the address of such person
15 or persons, firm or corporation.
16 (c) In addition to the notice prescribed by paragraph (a) or (b) of
17 this subdivision, fifteen days written notice shall be (i) posted in the
18 public areas of such multiple dwelling, (ii) mailed to the "Occupant" of
19 each unit in that multiple dwelling, (iii) mailed to the local health
20 officer and the director of the social services district for the poli-
21 tical subdivision in which the multiple dwelling is located, (iv) if the
22 multiple dwelling is located in a city or a village, mailed to the mayor
23 thereof, or if there be none, to the manager, or, if the multiple dwell-
24 ing is located in a town, then mailed to the town supervisor, (v) mailed
25 to the county executive of the county in which the multiple dwelling is
26 located, or if there be none, then to the chairman of such county's
27 legislative body, and (vi) mailed to the office of the New York state
28 long term care ombudsman, if the multiple dwelling is a residential
29 health care facility as defined in subdivision three of section twenty-
30 eight hundred one of the public health law, an adult care facility as
31 defined in subdivision twenty-one of section two of the social services
32 law, or an assisted living residence as defined in subdivision one of
33 section forty-six hundred fifty-one of the public health law as added by
34 chapter two of the laws of two thousand four. Notice required by
35 subparagraphs (iv) and (v) of this paragraph may be mailed to the
36 persons specified therein or to their respective designees. The notice
37 required by this paragraph shall state [the intended date of discontin-
38 uance of service,] the amount due for such service, and [the procedure
39 by which any tenant or public agency may make such payment and thereby
40 avoid discontinuance of service] that the utility will not discontinue
41 service and shall seek a lien against the owner.
42 [(d) The written notice required by subparagraphs (iii), (iv), (v) and
43 (vi) of paragraph (c) of this subdivision shall be repeated not more
44 than four days nor less than two days prior to such discontinuance.
45 1-a. Whenever a notice of intention to discontinue utility service has
46 been made pursuant to the provisions of this section and obligations
47 owed the utility or municipality have been satisfied, the utility or
48 municipality shall notify, in the same manner as it gave such notice of
49 intention, the occupant of each unit that the intention to discontinue
50 utility service no longer exists.]
51 2. For the purposes of this section, the department charged with
52 enforcing the multiple dwelling law shall prepare a schedule of all
53 multiple dwellings within its jurisdiction and shall provide a copy of
54 such schedule to any gas, steam or electric corporation or municipality
55 subject to the provisions of this section. Such schedule shall be
56 revised semi-annually and a revised copy provided to such corporation.
S. 8118 3
1 Every county, and every municipality to which the multiple dwelling law
2 does not apply, which county or municipality has compiled or hereafter
3 may compile a listing of all multiple dwellings within its jurisdiction
4 shall make such listing available without charge to any gas, steam or
5 electric corporation providing service in such county or municipality.
6 [3. Any gas, electric or steam corporation or municipality which will-
7 fully fails to comply with the provisions of this section shall be
8 liable for a penalty of twenty-five dollars for each occupied unit of
9 the multiple dwelling for each day during which service is unlawfully
10 discontinued; provided, however, that when the only non-compliance with
11 this section is failure to mail notice to each "Occupant" as required by
12 clause (ii) of paragraph (c) of subdivision one above the penalty shall
13 be twenty-five dollars for each occupied unit of the multiple dwelling
14 to which notice was not mailed for each day during which service is
15 unlawfully discontinued. An action to recover a penalty under this
16 section may be brought by the counsel to the commission in any court of
17 competent jurisdiction in this state in the name of the people of the
18 state of New York. Any moneys recovered in such action shall be paid to
19 the state treasury to the credit of the general fund.
20 4.] 3. Any person who willfully interferes with the posting of the
21 notice specified in [clause] subparagraph (i) of paragraph (c) of subdi-
22 vision one [above] of this section by any gas, steam or electric corpo-
23 ration or municipality, willfully defaces or mutilates any such notice,
24 or willfully removes the same from the place where it is posted by such
25 company prior to the date specified therein for the discontinuance of
26 service shall be guilty of a violation and, upon conviction, shall be
27 punished by a fine not exceeding twenty-five dollars.
28 [5. The commission shall maintain rules and regulations for the
29 payment by tenants of utility bills for gas, electric or steam service
30 in a multiple dwelling to which this section applies where the owner of
31 any such multiple dwelling, or the person, firm or corporation to whom
32 or which the last preceding bill has been rendered or from whom or which
33 the utility or municipality has received payment therefor, has failed to
34 pay such utility bills. Such rules and regulations shall (a) provide
35 that utility service may not be discontinued to any such multiple dwell-
36 ing as long as the tenants continue to make timely payments in accord-
37 ance with established procedures; (b) include designation of an office
38 to advise tenants of the rights and procedures available pursuant to
39 such rules and regulations; (c) assure that tenants shall not be liable
40 for bills more than two months in arrears; and (d) require the commis-
41 sion upon petition of twenty-five percent of the tenants of such multi-
42 ple dwelling to meet with representatives of such tenants and the owner,
43 person, firm or corporation to whom or which the last preceding bill has
44 been rendered or from whom or which the utility has received payment
45 therefor.]
46 § 3. Section 116 of the public service law, as amended by chapter 713
47 of the laws of 1981, subdivision 5 as separately amended by chapter 511
48 of the laws of 1981, is amended to read as follows:
49 § 116. Discontinuance of water service to multiple dwellings. 1.
50 Notwithstanding any other provisions of law, no public utility company
51 shall discontinue water service to an entire multiple dwelling (as
52 defined in the multiple dwelling law or the multiple residence law)
53 located anywhere in this state for nonpayment of bills rendered for
54 service [unless such]. A public utility company may commence an action
55 against the owner of the premises affected seeking a lien against such
56 multiple dwelling for the amount of such utility bills. A utility shall
S. 8118 4
1 have given fifteen days' written notice of its intention so to [discon-
2 tinue] seek such lien as follows:
3 (a) Such notice shall be served personally on the owner of the prem-
4 ises affected, or in lieu thereof, to the person, firm, or corporation
5 to whom or which the last preceding bill has been rendered and from whom
6 or which the utility has received payment therefor, and to the super-
7 intendent or other person in charge of the building or premises
8 affected, if it can be readily ascertained that there is such super-
9 intendent or other person in charge.
10 (b) In lieu of personal delivery to the person or persons, firm or
11 corporation specified in paragraph (a) [above] of this subdivision, such
12 notice may be mailed in a postpaid wrapper to the address of such person
13 or persons, firm or corporation.
14 (c) In addition to the notice prescribed by paragraph (a) or (b)
15 [above] of this subdivision, fifteen days' written notice shall be (i)
16 posted in the public areas of such multiple dwelling, (ii) mailed to the
17 "Occupant" of each unit in that multiple dwelling, (iii) mailed to the
18 local health officer and the director of the social services district
19 for the political subdivision in which the multiple dwelling is located,
20 (iv) if the multiple dwelling is located in a city or a village, mailed
21 to the mayor thereof, or if there be none, to the manager, or, if the
22 multiple dwelling is located in a town, then mailed to the town supervi-
23 sor, and (v) mailed to the county executive of the county in which the
24 multiple dwelling is located, or if there be none, then to the chairman
25 of such county's legislative body. Notice required by subparagraphs (iv)
26 and (v) of this paragraph may be mailed to the persons specified therein
27 or to their respective designees. The notice required by this paragraph
28 shall state the [intended date of discontinuance of service,] the amount
29 due for such service, and [the procedure by which any tenant or public
30 agency may make such payment and thereby avoid discontinuance of
31 service] that the utility will not discontinue service and shall seek a
32 lien against the owner.
33 [(d) The written notice required by clauses (iii), (iv) and (v) of
34 paragraph (c) above shall be repeated not more than four days nor less
35 than two days prior to such discontinuance.
36 1-a. Whenever a notice of intention to discontinue utility service has
37 been made pursuant to the provisions of this section and obligations
38 owed the utility have been satisfied, the utility shall notify, in the
39 same manner as it gave such notice of intention, the occupant of each
40 unit that the intention to discontinue utility service no longer
41 exists.]
42 2. For the purposes of this section, the department charged with
43 enforcing the multiple dwelling law shall prepare a schedule of all
44 multiple dwellings within its jurisdiction and shall provide a copy of
45 such schedule to any water corporation subject to the provisions of this
46 section. Such schedule shall be revised semi-annually and a revised copy
47 provided to such corporation. Every county, and every municipality to
48 which the multiple dwelling law does not apply, which county or munici-
49 pality has compiled or hereafter may compile a listing of all multiple
50 dwellings within its jurisdiction shall make such listing available
51 without charge to any water corporation providing service in such county
52 or municipality.
53 [3. Any water corporation which willfully fails to comply with the
54 provisions of this section shall be liable for a penalty of twenty-five
55 dollars for each occupied unit of the multiple dwelling for each day
56 during which service is unlawfully discontinued; provided, however, that
S. 8118 5
1 when the only non-compliance with this section is failure to mail notice
2 to each "Occupant" as required by clause (ii) of paragraph (c) of subdi-
3 vision one above the penalty shall be twenty-five dollars for each occu-
4 pied unit of the multiple dwelling to which notice was not mailed for
5 each day during which service is unlawfully discontinued. An action to
6 recover a penalty under this section may be brought by the counsel to
7 the commission in any court of competent jurisdiction in this state in
8 the name of the people of the state of New York. Any monies recovered in
9 such action shall be paid to the state treasury to the credit of the
10 general fund.
11 4.] 3. Any person who willfully interferes with the posting of the
12 notice specified in [clause] subparagraph (i) of paragraph (c) of subdi-
13 vision one [above] of this section by any water corporation, willfully
14 defaces or mutilates any such notice, or willfully removes the same from
15 the place where it is posted by such company prior to the date specified
16 therein for the discontinuance of service shall be guilty of a violation
17 and, upon conviction, shall be punished by a fine not exceeding twenty-
18 five dollars.
19 [5. The commission shall maintain rules and regulations for the
20 payment by tenants of utility bills for water service in a multiple
21 dwelling to which this section applies where the owner of any such
22 multiple dwelling, or the person, firm or corporation to whom or which
23 the last preceding bill has been rendered or from whom or which the
24 utility has received payment therefore, has failed to pay such utility
25 bills. Such rules and regulations shall (i) provide that utility service
26 may not be discontinued to any such multiple dwelling as long as the
27 tenants continue to make timely payments in accordance with established
28 procedures; (ii) include designation of an office to advise tenants of
29 the rights and procedures available pursuant to such rules and regu-
30 lations; (iii) assure that tenants shall not be liable for bills more
31 than two months in arrears; and (iv) require the commission upon peti-
32 tion of twenty-five percent of the tenants of such multiple dwelling to
33 meet with representatives of such tenants and the owner, person, firm or
34 corporation to whom or which the last preceding bill has been rendered
35 or from whom or which the utility has received payment therefore.]
36 § 4. This act shall take effect on the ninetieth day after it shall
37 have become a law.
