senate Bill S3303

2011-2012 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 Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Feb 15, 2011 referred to judiciary

S3303 - Bill Details

See Assembly Version of this Bill:
A4918
Current Committee:
Law Section:
Lien Law
Laws Affected:
Amd ยง2, Lien L
Versions Introduced in 2009-2010 Legislative Session:
S5079B, A7810B

S3303 - Bill Texts

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Includes within the definition of "improvement" the furnishing or delivery of fuel oil or kerosene.

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BILL NUMBER:S3303

TITLE OF BILL:
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

PURPOSE:
The bill would permit heating oil dealers to seek recovery of monies
owed to them for the delivery of heating fuel or kerosene to
commercial properties or large apartment buildings through the filing
of a lien to collect for past delivered fuel oil.

SUMMARY OF PROVISIONS:
Section 1: Amends Lien Law section 2(4) to add to the definition of
"improvement" the delivery of fuel oil or kerosene to a commercial
real property or a large residential building. This provision would
permit oil dealers to file a lien to collect for oil delivered to a
commercial property or a residential building with 4 or more units.
This "B" Print amendment clarified the provisions of this bill so
that it will clearly only apply to commercial properties or large
multi-unit residential properties.

JUSTIFICATION:
The Lien Law is intended to protect the value of services rendered to
real property. Heating oil dealers provide a crucial service to
commercial buildings and apartment buildings that use heating oil or
kerosene as a-source of heat, hot water, or for forms of energy or
power. Frequently, heating oil dealers are unable to collect monies
owed from commercial buildings for delivered heating oil either as a
result of the transfer of ownership of a building or because the
costs of recovery amounts owed through court proceedings outweigh the
value of the monies owed. As a result, heating oil dealers are often
denied remuneration for that fuel that they provide to nonpaying
buildings. The shortfalls experienced by heating oil dealers, as a
result of nonpayment, can lead to higher heating costs for customers
that do pay for their fuel oil bills. By allowing heating oil dealers
to file a lien for oil delivered the legislation would correct the
inequity created by the nonpayment by commercial building owners.
Further, it will give oil dealers the ability to collect old past due
oil bills particularly when the building is sold to a new owner.

PRIOR LEGISLATIVE HISTORY:
2010 - S.5079B- PASSED JUDICIARY; A.7810B - Judiciary

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect January 1 of the year next Succeeding the
date in which it was signed into law.

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

                                  3303

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

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
purposes  pursuant  to  a  written  contract  of brokerage employment or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09076-01-1

S. 3303                             2

compensation, AND SHALL ALSO INCLUDE THE FURNISHING OR DELIVERY OF  FUEL
OIL OR KEROSENE USED TO PRODUCE HEAT, HOT WATER, OR OTHER FORMS OF ENER-
GY OR POWER TO THE REAL PROPERTY, PROVIDED THAT SUCH REAL PROPERTY SHALL
INCLUDE ONLY RESIDENTIAL BUILDINGS THAT CONTAIN FOUR OR MORE RESIDENTIAL
UNITS  AND  ALL  COMMERCIAL REAL PROPERTY INCLUDING, BUT NOT LIMITED TO,
OFFICE BUILDINGS, INDUSTRIAL FACILITIES, RETAIL SHOPS AND LODGING ESTAB-
LISHMENTS.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.

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