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Assembly Bill A7810

2009-2010 Legislative Session

Allows heating oil dealers to place a lien on multi-dwelling and commercial property for an owner's failure to pay its bill for the value of delivered heating oil

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A7810 - Details

Current Committee:
Assembly Judiciary
Laws Affected:
Amd §2, Lien L
Versions Introduced in 2011-2012 Legislative Session:
A4918

2009-A7810 - Summary

Allows heating oil dealers to place a lien on residential property with four or more residential units and commercial property for an owner's failure to pay its bill for the value of delivered heating oil and related services.

2009-A7810 - Bill Text download pdf 

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

                                  7810

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Judiciary

AN  ACT to amend the lien law, in relation to allowing heating oil deal-
  ers to place a lien on commercial property for an owner's  failure  to
  pay  its  bill  for  the  value  of  delivered heating oil and related
  services

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The lien law is amended by adding a new section 6-a to read
as follows:
  S 6-A. LIENS FOR VALUE OF HEATING OIL DELIVERED TO COMMERCIAL PROPERTY
AND RELATED SERVICES. 1. FOR THE PURPOSES OF THIS SECTION, THE TERMS:
  (A)  "HEATING  OIL  DEALER" MEANS A BUSINESS PRIMARILY INVOLVED IN THE
DISTRIBUTION OF HEATING OIL TO CUSTOMERS FOR ON-PREMISES USE OF THE FUEL
FOR SPACE AND/OR WATER HEATING;
  (B) "HEATING OIL" MEANS ANY PETROLEUM PRODUCT USED AS FUEL  FOR  SPACE
OR  WATER  HEATING  PURPOSES INCLUDING, BUT NOT LIMITED TO, NUMBERS 2, 4
AND 6 FUEL OIL AND KEROSENE; AND
  (C) "COMMERCIAL PROPERTY"  MEANS  NON-RESIDENTIAL  REAL  PROPERTY,  AS
DEFINED  IN SUBDIVISION TWO OF SECTION TWO OF THIS CHAPTER, UTILIZED FOR
BUSINESS PURPOSES SUCH AS OFFICE BUILDINGS, MANUFACTURING PLANTS, ASSEM-
BLY PLANTS, RESTAURANTS, STORES, SHOPPING CENTERS,  HOTELS  AND  MOTELS,
APARTMENT  COMPLEXES  CONTAINING  FOUR  OR MORE RESIDENTIAL UNITS OR ANY
OTHER TYPE OF BUSINESS ENTERPRISE.
  2. A HEATING OIL DEALER WHO SHALL DELIVER TO ANY  COMMERCIAL  PROPERTY
HEATING  OIL  USED AS FUEL FOR ON-PREMISES CONSUMPTION SHALL HAVE A LIEN
FOR THE VALUE OF SUCH DELIVERED HEATING OIL UPON THE COMMERCIAL PROPERTY
BY FILING A NOTICE OF SUCH LIEN IN THE OFFICE OF THE CLERK OF ANY COUNTY
WHEREIN ANY PART OF SUCH COMMERCIAL PROPERTY IS EXISTING AT THE TIME  OF
SUCH  FILING.  IN  ADDITION, ANY HEATING OIL DEALER WHO PERFORMS MAINTE-
NANCE, REPAIR OR REPLACEMENT SERVICES TO ANY APPLIANCE OR SYSTEM  FUELED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11310-01-9

2009-A7810A - Details

Current Committee:
Assembly Judiciary
Laws Affected:
Amd §2, Lien L
Versions Introduced in 2011-2012 Legislative Session:
A4918

2009-A7810A - Summary

Allows heating oil dealers to place a lien on residential property with four or more residential units and commercial property for an owner's failure to pay its bill for the value of delivered heating oil and related services.

2009-A7810A - Sponsor Memo

2009-A7810A - Bill Text download pdf 

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

                                 7810--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the lien law, in relation to including in the definition
  of "improvement" the furnishing or delivery of fuel oil or kerosene

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 4 of section 2 of the lien law, as amended by
chapter 925 of the laws of 1982, is amended to read as follows:
  4. Improvement. The term "improvement," when  used  in  this  chapter,
includes the demolition, erection, alteration or repair of any structure
upon,  connected  with, or beneath the surface of, any real property and
any work done upon such property or materials furnished for  its  perma-
nent  improvement,  and  shall  also  include any work done or materials
furnished in equipping any such structure with any chandeliers, brackets
or other fixtures or apparatus for supplying gas or electric  light  and
shall also include the drawing by any architect or engineer or surveyor,
of any plans or specifications or survey, which are prepared for or used
in  connection with such improvement and shall also include the value of
materials actually manufactured for but not delivered to the real  prop-
erty,  and shall also include the reasonable rental value for the period
of actual use of  machinery,  tools  and  equipment  and  the  value  of
compressed gases furnished for welding or cutting in connection with the
demolition, erection, alteration or repair of any real property, and the
value  of  fuel  and  lubricants  consumed by machinery operating on the
improvement, or by motor vehicles owned, operated or controlled  by  the
owner, or a contractor or subcontractor while engaged exclusively in the
transportation  of materials to or from the improvement for the purposes
thereof and shall also include the performance of real estate  brokerage
services  in  obtaining  a lessee for a term of more than three years of
all or any part of real property to be used for other  than  residential

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11310-03-9

2009-A7810B (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Laws Affected:
Amd §2, Lien L
Versions Introduced in 2011-2012 Legislative Session:
A4918

2009-A7810B (ACTIVE) - Summary

Allows heating oil dealers to place a lien on residential property with four or more residential units and commercial property for an owner's failure to pay its bill for the value of delivered heating oil and related services.

2009-A7810B (ACTIVE) - Sponsor Memo

2009-A7810B (ACTIVE) - Bill Text download pdf 

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

                                 7810--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 24, 2009
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  recommitted  to  the
  Committee  on  Judiciary 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 lien law, in relation to including in the definition
  of "improvement" the furnishing or delivery of fuel oil or kerosene

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 2 of the lien law, as  amended  by
chapter 925 of the laws of 1982, is amended to read as follows:
  4.  Improvement.  The  term  "improvement," when used in this chapter,
includes the demolition, erection, alteration or repair of any structure
upon, connected with, or beneath the surface of, any real  property  and
any  work  done upon such property or materials furnished for its perma-
nent improvement, and shall also include  any  work  done  or  materials
furnished in equipping any such structure with any chandeliers, brackets
or  other  fixtures or apparatus for supplying gas or electric light and
shall also include the drawing by any architect or engineer or surveyor,
of any plans or specifications or survey, which are prepared for or used
in connection with such improvement and shall also include the value  of
materials  actually manufactured for but not delivered to the real prop-
erty, and shall also include the reasonable rental value for the  period
of  actual  use  of  machinery,  tools  and  equipment  and the value of
compressed gases furnished for welding or cutting in connection with the
demolition, erection, alteration or repair of any real property, and the
value of fuel and lubricants consumed  by  machinery  operating  on  the
improvement,  or  by motor vehicles owned, operated or controlled by the
owner, or a contractor or subcontractor while engaged exclusively in the
transportation of materials to or from the improvement for the  purposes

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11310-05-0

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