Amd §7101, CPLR; amd §32, Pub Serv L; add Art 5 Title 1-A §1020-nn, Pub Auth L
Prohibits the seizure of utility meters and the termination of utility service through replevin actions; declares such actions to be against the public interest.
STATE OF NEW YORK
________________________________________________________________________
8736
IN SENATE
January 7, 2026
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, the public service law
and the public authorities law, in relation to prohibiting the seizure
of utility meters and the termination of utility service through
replevin actions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that access to
2 gas, electric, and steam service is essential to the health, safety, and
3 general welfare of residents and businesses of the state. The legisla-
4 ture further finds that regulated utilities and public authorities have
5 used replevin actions pursuant to article 71 of the civil practice law
6 and rules to seize utility meters as a means of terminating service,
7 including through orders of seizure that authorize law enforcement to
8 enter premises. The legislature determines that the seizure of utility
9 meters and the termination of essential utility service through such
10 actions is contrary to the public interest and undermines existing util-
11 ity consumer protections. It is therefore the intent of the legislature
12 to prohibit the use of replevin actions to seize utility meters and to
13 prevent the termination of utility service pursuant to section 7101 of
14 the civil practice law and rules.
15 § 2. Section 7101 of the civil practice law and rules is amended to
16 read as follows:
17 § 7101. When action may be brought. (a) An action under this article
18 may be brought to try the right to possession of a chattel.
19 (b) This article shall not apply to the provision of any part of the
20 gas, electric or steam service provided to any residential customer or
21 non-residential customer by any gas, electric or steam corporation or
22 municipality, including the Long Island power authority. It is hereby
23 declared to be the policy of this state that the continued provision of
24 all or any part of such gas, electric and steam service to all residen-
25 tial and non-residential customers without unreasonable qualifications
26 or lengthy delays is necessary for the preservation of the health and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14369-01-6
S. 8736 2
1 general welfare and is in the public interest. The seizure of electric,
2 gas, or steam meters is against the public interest.
3 § 3. Section 32 of the public service law is amended by adding a new
4 subdivision 7 to read as follows:
5 7. Utility service shall not be terminated for any residential elec-
6 tric or gas service to a residence pursuant to section seventy-one
7 hundred one of the civil practice law and rules.
8 § 4. Title 1-A of article 5 of the public authorities law, as added by
9 chapter 517 of the laws of 1986, is amended by adding a new section
10 1020-nn to read as follows:
11 § 1020-nn. Utility service. Utility service shall not be terminated
12 for any residential customer or non-residential customer pursuant to
13 section seventy-one hundred one of the civil practice law and rules.
14 § 5. This act shall take effect immediately.
