S T A T E O F N E W Y O R K
________________________________________________________________________
742
2017-2018 Regular Sessions
I N A S S E M B L Y
January 9, 2017
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Introduced by M. of A. PERRY, WALKER, ARROYO, HUNTER, JEAN-PIERRE, GOTT-
FRIED, HYNDMAN, TITUS -- Multi-Sponsored by -- M. of A. BLAKE -- 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".
§ 2. The real property law is amended by adding a new section 231-b to
read as follows:
§ 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06397-01-7
A. 742 2
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.
4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY IN A CITY HAVING A
POPULATION OF ONE MILLION OR MORE PERSONS.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.