STATE OF NEW YORK
________________________________________________________________________
961
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. KELLNER, MAISEL, ROSENTHAL -- Multi-Sponsored by
-- M. of A. BRENNAN, COOK, GLICK -- read once and referred to the
Committee on Energy
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.
LBD01817-01-3
