S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    96
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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.
                                                            LBD05250-01-9

 A. 96                               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.