|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to energy and telecommunications|
|Jan 07, 2011||referred to energy and telecommunications|
senate Bill S1396
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1396 - Details
S1396 - Summary
Relates to the collection of charges for residential utility service deemed to be rent.
S1396 - Sponsor Memo
BILL NUMBER:S1396 TITLE OF BILL: An act to amend the public service law, in relation to the collection of charges for residential utility service deemed to be rent PURPOSE OR GENERAL IDEA OF BILL: Bill would ban the deeming of charges for electric service provided by the landlord to residential tenants to be "rent". SUMMARY OF SPECIFIC PROVISIONS: This bill would establish the following provisions: * Creates section 75 -a of the public service law to allow that in any action or proceeding in any court for the collection of gas or electric charges or for the possession of real property by reason of an unpaid charge, if the charges for the utility are deemed to be rent under any arrangement or agreement related to the rental property this shall be a complete defense to the action; * Act taking effect immediately. JUSTIFICATION: The Public Service Commission has plenary jurisdiction over the sale or distribution of electric service under § 5.1.b of the public service law. Under the public service law, the provision of electric
S1396 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1396 2011-2012 Regular Sessions I N S E N A T E January 7, 2011 ___________ Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations 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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