assembly Bill A7353A

2009-2010 Legislative Session

Relates to the collection of charges for residential utility service deemed to be rent

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2010 referred to energy and telecommunications
delivered to senate
passed assembly
May 20, 2010 advanced to third reading cal.898
May 17, 2010 reported
May 11, 2010 reported referred to codes
Apr 19, 2010 print number 7353a
Apr 19, 2010 amend and recommit to energy
Jan 06, 2010 referred to energy
Mar 31, 2009 referred to energy

A7353 - Details

See Senate Version of this Bill:
S4748
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §75-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A857, S1396
2013-2014: A961, S1231
2015-2016: A5279, S7991
2017-2018: A655, S5041
2019-2020: A2365, S3598

A7353 - Summary

Relates to the collection of charges for residential utility service deemed to be rent.

A7353 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7353

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 31, 2009
                               ___________

Introduced  by M. of A. KELLNER -- read once and referred to the Commit-
  tee 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:

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds that deeming by owners of charges to residential tenants for elec-
tric service to be rent is not in the  public  interest  and  should  be
prohibited.
  S  2.  Section  75  of  the  public  service law is amended to read as
follows:
  S 75. Defense in case of excessive charges for gas or  electricity  OR
CHARGES  FOR  RESIDENTIAL  UTILITY SERVICE DEEMED  TO BE RENT.  If it be
alleged and established in an action OR  PROCEEDING brought in any court
for the  collection  of  any  charge  for  gas  or  electricity  OR  FOR
POSSESSION  OF  REAL PROPERTY BY REASON OF UNPAID CHARGES CLAIMED BY THE
OWNER OR HIS AGENT FOR UTILITY SERVICE, that a price has  been  demanded
in  excess  of that fixed by the commission or by statute in the munici-
pality wherein the action arose, OR THAT CHARGES FOR UTILITY SERVICE  TO
ANY  RESIDENTIAL  TENANT  ARE  DEEMED  TO BE RENT UNDER THE TERMS OF ANY
ARRANGEMENT OR AGREEMENT RELATING TO RENTAL OF RESIDENTIAL PROPERTY,  no
recovery  shall be had therein, but the fact that such excessive charges
have been made OR THAT CHARGES FOR UTILITY SERVICE FOR  RESIDENTIAL  USE
ARE DEEMED TO BE RENT shall be a complete defense to such action.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10616-01-9

A7353A (ACTIVE) - Details

See Senate Version of this Bill:
S4748
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Add §75-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2011-2012: A857, S1396
2013-2014: A961, S1231
2015-2016: A5279, S7991
2017-2018: A655, S5041
2019-2020: A2365, S3598

A7353A (ACTIVE) - Summary

Relates to the collection of charges for residential utility service deemed to be rent.

A7353A (ACTIVE) - Sponsor Memo

A7353A (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7353--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 31, 2009
                               ___________

Introduced  by  M. of A. KELLNER, MAISEL, ESPAILLAT, ROSENTHAL -- Multi-
  Sponsored by -- M. of A. BRENNAN, COOK, GLICK, TOWNSEND --  read  once
  and  referred to the Committee on Energy -- recommitted to the Commit-
  tee on Energy in accordance with Assembly Rule 3, sec. 2 --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. Legislative findings and  intent.  The  legislature  hereby
finds that deeming by owners of charges to residential tenants for elec-
tric  service  to  be  rent  is not in the public interest and should be
prohibited.
  S 2.  The public service law is amended by adding a new  section  75-a
to read as follows:
  S  75-A.  DEFENSE  IN  CASE OF CHARGES FOR RESIDENTIAL UTILITY SERVICE
DEEMED TO BE RENT. IN AN ACTION OR PROCEEDING BROUGHT IN ANY  COURT  FOR
POSSESSION  OF  REAL PROPERTY BY REASON OF UNPAID CHARGES CLAIMED BY THE
OWNER OR HIS OR HER AGENT FOR UTILITY SERVICE,  IF  IT  IS  ALLEGED  AND
ESTABLISHED  THAT  CHARGES FOR UTILITY SERVICE TO ANY RESIDENTIAL TENANT
ARE DEEMED TO BE RENT UNDER THE TERMS OF ANY  ARRANGEMENT  OR  AGREEMENT
RELATING  TO  RENTAL  OF RESIDENTIAL PROPERTY, NO RECOVERY OF POSSESSION
SHALL BE HAD THEREIN, AND THE FACT THAT CHARGES FOR UTILITY SERVICE  FOR
RESIDENTIAL  USE  ARE  DEEMED  TO BE RENT SHALL BE A COMPLETE DEFENSE TO
SUCH ACTION.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10616-02-0