Senate Bill S1780A

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

                                 1780--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 14, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed  to  be  committed to the Committee on Energy and Telecommuni-
  cations -- recommitted to the Committee  on  Energy  and  Telecommuni-
  cations  in  accordance  with  Senate  Rule  6,  sec.  8  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public service law, in relation to  making  gas  and
  electric billing information for residential rental premises available
  upon request

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

  Section 1. The public service law is amended by adding a  new  section
66-o to read as follows:
  S  66-O.  GAS  AND ELECTRIC BILLING INFORMATION FOR RESIDENTIAL RENTAL
PREMISES. EVERY GAS CORPORATION, ELECTRIC CORPORATION  AND  MUNICIPALITY
SHALL  MAKE  AVAILABLE  TO  ANY LANDLORD OR LESSOR OF RESIDENTIAL RENTAL
PREMISES, WITHIN TEN DAYS OF RECEIPT OF A WRITTEN  OR  INTERNET  REQUEST
THEREFOR  FROM  ANY  PROSPECTIVE  TENANT OR LESSEE THEREOF, PRIOR TO THE
COMMENCEMENT OF TENANCY OR EXECUTION OF A LEASE, INFORMATION  CONSISTING
OF  THE  AVERAGE  MONTHLY  CHARGES  INCURRED AT SUCH PREMISES FOR GAS OR
ELECTRIC SERVICE OR BOTH FOR THE  LIFE  OF  THE  DWELLING  UNIT  OR  THE
PRECEDING  TWO  YEAR  PERIOD,  WHICHEVER IS SHORTER.   THE LETTER BY THE
PROSPECTIVE TENANT OR LESSEE SHALL INCLUDE THEIR NAME, ADDRESS, DRIVER'S
LICENSE NUMBER OR SOCIAL  SECURITY  NUMBER  OR  TAXPAYER  IDENTIFICATION
NUMBER  OR NON-DRIVER ID CARD OR ANY OFFICIAL DOCUMENTED OR UNDOCUMENTED
IMMIGRATION IDENTIFICATION, SIGNATURE, AND ACKNOWLEDGE THAT THIS BILLING
INFORMATION REQUESTED MAY ONLY BE USED FOR THE  PURPOSE  OF  DETERMINING
PRIOR  GAS  AND  ELECTRIC  USAGE  AS  A FACTOR IN DECIDING TO OCCUPY THE
DWELLING UNIT. EACH PROSPECTIVE TENANT OR LESSEE IS LIMITED TO  A  TOTAL
OF  FIVE REQUESTS IN A CALENDAR YEAR WITHIN THE STATE OF NEW YORK.  SUCH
INFORMATION SHALL BE IDENTIFIED SOLELY BY THE ADDRESS  OF  THE  DWELLING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01890-05-6
              

S. 1780--A                          2

UNIT,  AND  NO OTHER INFORMATION IDENTIFYING THE OWNER, LESSEE, OR OTHER
OCCUPANT OF THE DWELLING UNIT SHALL BE UTILIZED FOR, OR  MADE  AVAILABLE
IN  CONNECTION  WITH,  THE FURNISHING OF BILLING INFORMATION PURSUANT TO
THIS SECTION.  SUCH INFORMATION SHALL BE FURNISHED TO BOTH  THE LANDLORD
OR  LESSOR AND TO THE PROSPECTIVE TENANT OR LESSEE WITH AN IMPOSITION OF
A FIVE DOLLAR CHARGE TO THE PROSPECTIVE TENANT OR LESSEE REQUESTING  THE
BILLING INFORMATION PAYABLE TO THE GAS CORPORATION, ELECTRIC CORPORATION
AND MUNICIPALITY PROVIDING SUCH INFORMATION.
  S  2. The public service commission is directed to: (a) create a proc-
ess whereby a prospective tenant or lessee may obtain by written request
or by the internet to the  gas  corporation,  electric  corporation  and
municipality  the  average monthly electric and gas charges for the life
of the dwelling unit or the preceding  two  year  period,  whichever  is
shorter,  prior  to  the commencement of tenancy or execution of a lease
while maintaining the privacy of  the  current  tenant  or  lessor;  (b)
ensure  the  request is made only for the purpose of deciding whether to
occupy a dwelling unit; and (c) determine  the  cost  of  providing  the
information by the utility and assess a fee to the prospective tenant or
lessee  requesting the information payable to the gas corporation, elec-
tric corporation and municipality providing the information.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that the public service  commission
is  authorized to  promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective date
on or before such date.