Assembly Bill A9847

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

                                  9847

                          I N  A S S E M B L Y

                             April 15, 2016
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Housing

AN ACT to amend the real property law, in relation to enacting the room-
  ers' rights protection act

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

  Section  1.  This act shall be known and may be cited as the "roomers'
rights protection act".
  S 2. The real property law is amended by adding a new section 231-b to
read as follows:
  S 231-B. UTILITY SERVICES FOR RESIDENTIAL  ROOMING  LEASES.  1.  EVERY
LANDLORD  THAT  APPORTIONS  A  RESIDENCE  AND LEASES INDIVIDUAL ROOMS TO
ROOMERS WHERE UTILITY SERVICES, INCLUDING, BUT  NOT  LIMITED  TO,  HEAT,
ELECTRICITY,  AND  WATER  ARE  SHARED AND ARE NOT INDIVIDUALLY MEASURED,
SHALL:
  A. PLACE ALL UTILITY METERS IN THE LANDLORD'S NAME;
  B. ENTER INTO AN INDIVIDUAL LEASE WITH EACH ROOMER; AND
  C. PROVIDE ON THE LEASE THE NAME  AND  CONTACT  INFORMATION  FOR  EACH
UTILITY SERVICE PROVIDER PROVIDING SERVICES TO THE ROOMER'S PREMISES.
  2. WHERE SERVICES ARE SHARED, A LANDLORD SHALL NOT REQUIRE A ROOMER TO
LIST THE METER FOR SUCH SERVICES IN HIS OR HER NAME AND THE COST OF SUCH
UTILITIES SHALL BE DEEMED TO BE INCLUDED IN THE RENT.
  3.  A. A TENANT SHALL NOT BE REQUIRED BY LEASE, OTHER DOCUMENT OR ORAL
AGREEMENT TO WAIVE HIS OR HER RIGHT TO A TRIAL  BY  JURY  OR  ANY  OTHER
LEGAL  RIGHTS  THAT  HE  OR  SHE WOULD BE ENTITLED TO AS A TENANT IN THE
STATE OF NEW YORK IN THE EVENT THE TENANT BECOMES INVOLVED WITH A  HOUS-
ING  PROCEEDING  AGAINST  THE  LANDLORD  BASED  ON  A  VIOLATION  OF THE
PROVISIONS OF THIS SECTION OR ANY OTHER LAW, RULE OR REGULATION  GOVERN-
ING LANDLORD-TENANT DISPUTES.
  B.  A  TENANT  WHO  IS  SUCCESSFUL  AGAINST  THE LANDLORD IN A HOUSING
PROCEEDING BASED ON A VIOLATION OF THE PROVISIONS OF  THIS  SECTION  MAY
REQUEST THE AWARD OF ATTORNEY'S FEES, COSTS AND DISBURSEMENTS ASSOCIATED
WITH THE PROCEEDING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14202-05-6
              

A. 9847                             2

  4.  THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE PERSONS.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.