NY State Senate Bill 2021-S9270

Senate Bill S9270

2021-2022 Legislative Session

Requires landlords to ensure rental properties are equipped with utility services prior to renting such properties

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to judiciary

2021-S9270 (ACTIVE) - Details

See Assembly Version of this Bill:: A4365
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §235-b, add §235-i, RP L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A6819
2019-2020: A4946
2023-2024: S1060

2021-S9270 (ACTIVE) - Summary

Requires landlords to ensure rental properties are equipped with utility services prior to renting such properties; requires landlords to keep utility services connected in between tenants.

2021-S9270 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9270

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the real property law, in relation to requiring land-
lords to ensure rental properties are equipped with utility services
prior to renting such properties

 
PURPOSE:

To keep utility services connected in between tenants, and to hold land-
lords accountable for not providing property utilities prior to renting.

 
SUMMARY OF PROVISIONS:

Section one amends the real property law by adding a new subdivision,
which states how a landlord shall not rent or release property to
tenants unless such property is in compliance with the New York state
uniform fire prevention and building code act. A landlord's failure to
comply shall result in penalties pursuant to sections 145.15 and 145.20
of the penal law. The real property law is also amended by adding a

section 235h, which states that a landlord must participate in any
voluntary program offered by the utility company that revert all utility
accounts to be under the landlord's name and keep utility services
connected in between tenants.

 
JUSTIFICATION:

Landlords need to be held accountable for letting utilities lapse while
renting properties, especially during winter. In 2016, the owner of a
building where fire from a candle killed a 13year-old girl allowed the
apartment to be occupied without heat and electricity, according to
Syracuse code officials. Landlords have a responsibility to provide
livable conditions at the time a tenant moves in. For a tenant to occupy
an apartment without heat or electricity during the coldest months of
the year is unacceptable.

 
LEGISLATIVE HISTORY:

2017-18: A6819 (Hunter)

2019-20: A4946 (Hunter)

2021-22: A3643 (Hunter)

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2021-S9270 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9270
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation  to  requiring  land-
   lords  to  ensure rental properties are equipped with utility services
   prior to renting such properties
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 235-b of the real property law is amended by adding
 a new subdivision 4 to read as follows:
   4.  THE  LANDLORD SHALL NOT RENT NOR LEASE ANY PROPERTY TO A TENANT OR
 TENANTS UNLESS SUCH PROPERTY IS IN COMPLIANCE WITH THE  NEW  YORK  STATE
 UNIFORM FIRE PREVENTION AND BUILDING CODE ACT DESCRIBED IN ARTICLE EIGH-
 TEEN  OF  THE EXECUTIVE LAW, SPECIFICALLY THAT UTILITY SERVICES ARE MADE
 AVAILABLE TO SUCH DWELLING. A LANDLORD'S FAILURE  TO  BE  IN  COMPLIANCE
 WITH SUCH ACT PRIOR TO RENTAL OR LEASE OF SUCH PROPERTY, SHALL RESULT IN
 PENALTIES PURSUANT TO SECTIONS 145.15 AND 145.20 OF THE PENAL LAW.
   § 2. The real property law is amended by adding a new section 235-i to
 read as follows:
   §  235-I.  DUTY  OF  LANDLORD  TO  KEEP  UTILITY SERVICES CONNECTED IN
 BETWEEN TENANTS. 1.  A  LANDLORD  SHALL  PARTICIPATE  IN  ANY  VOLUNTARY
 PROGRAM  OFFERED  BY  THE  UTILITY COMPANY THAT SERVICES THEIR RENTED OR
 LEASED PROPERTY THAT WOULD REVERT ALL UTILITY ACCOUNTS TO THE LANDLORD'S
 NAME AND KEEP UTILITY SERVICES CONNECTED IN BETWEEN TENANTS.
   2. THIS SECTION SHALL NOT APPLY IF THE UTILITY COMPANY IN  THE  RENTED
 OR LEASED PROPERTY'S AREA DOES NOT OFFER SUCH A PROGRAM.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05680-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.