S T A T E   O F   N E W   Y O R K
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                                 7354--A

                       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  Housing  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the multiple dwelling law and the multiple residence
  law, in relation to the collection of charges for  heat-related  resi-
  dential utility service

  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  assessment  and  collection  by multiple dwelling owners of
separate charges for electricity, electric  service,  natural  gas,  and
natural gas service or other fuel used to heat living quarters is not in
the public interest and should be prohibited.
  S  2.  Subdivision  1  of  section 79 of the multiple dwelling law, as
amended by chapter 225 of the laws  of  1982,  is  amended  to  read  as
follows:
  1. Every multiple dwelling exceeding two stories in height and erected
after  April eighteenth, nineteen hundred twenty-nine, and every garden-
type maisonette dwelling project erected after April  eighteenth,  nine-
teen  hundred  fifty-four,  shall  be  provided  with heat. On and after
November first, nineteen hundred  fifty-nine,  every  multiple  dwelling
shall  be  provided  with  heat or the equipment or facilities therefor.
During the months between October first and May thirty-first, such  heat
and  the  equipment  or  facilities  shall be sufficient to maintain the
minimum temperatures required by local law,  ordinance,  rule  or  regu-
lation,  in  all  portions  of  the dwelling used or occupied for living
purposes provided, however, that such minimum temperatures shall  be  as
follows:    (a)  sixty-eight degrees Fahrenheit during the hours between
six o'clock in the morning and ten o'clock in the evening, whenever  the
outdoor  temperature falls below fifty-five degrees Fahrenheit, notwith-
standing the provisions of paragraph a of subdivision  four  of  section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10393-02-9
              

A. 7354--A                          2

three  of  this  chapter, and (b) at least fifty-five degrees Fahrenheit
during the hours between ten o'clock in the evening and six  o'clock  in
the  morning, whenever the outdoor temperature falls below forty degrees
Fahrenheit. Nothing in this section shall be deemed to relieve any owner
of  the duty of providing centrally supplied or other approved source of
heat prior to November first, nineteen hundred fifty-nine  in  any  case
where such heat is required by this chapter or any other law, ordinance,
rule  or regulation to be supplied in a dwelling prior to said date. The
heating system in dwellings used for single room occupancy shall  be  in
conformity  with  the requirements of section two hundred forty-eight OF
THIS CHAPTER. NO OWNER OR AGENT OF ANY  OWNER  SHALL  SEPARATELY  CHARGE
TENANTS  OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL GAS
OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS.
  S 3. Section 173 of the multiple residence law, as amended by  chapter
225 of the laws of 1982, is amended to read as follows:
  S  173. Heating. Every new dwelling shall be provided with heat in all
living rooms sufficient to maintain the minimum temperatures required by
local law, ordinances, rules or  regulation,  or  by  the  local  public
health  officer, provided, however, that such minimum temperature shall,
notwithstanding the provisions  of  subdivision  one  of  section  three
hundred  twenty-nine  of this chapter, be sixty-eight degrees Fahrenheit
during the hours between six o'clock in the morning and ten  o'clock  in
the  evening  during  the  months  between October first and May thirty-
first, whenever the outdoor temperature falls below  fifty-five  degrees
Fahrenheit.  NO  OWNER  OR  AGENT  OF  ANY OWNER SHALL SEPARATELY CHARGE
TENANTS OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL  GAS
OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS.
  S 4. This act shall take effect immediately.