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Assembly Bill A857

2011-2012 Legislative Session

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

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Archive: Last Bill Status - On Floor Calendar

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2011-A857 (ACTIVE) - Details

See Senate Version of this Bill:
S1396
Law Section:
Public Service Law
Laws Affected:
Add ยง75-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7353, S4748
2013-2014: A961, S1231
2015-2016: A5279, S7991
2017-2018: A655, S5041
2019-2020: A2365, S3598
2021-2022: S3165
2023-2024: S377

2011-A857 (ACTIVE) - Summary

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

2011-A857 (ACTIVE) - Bill Text download pdf 

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

                                   857

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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:

  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.
                                                           LBD00499-01-1

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