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Assembly Bill A4718

2023-2024 Legislative Session

Prohibits landlords from including additional services in a tenant's base rent

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Archive: Last Bill Status - In Assembly Committee

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2023-A4718 (ACTIVE) - Details

Current Committee:
Assembly Housing
Law Section:
Real Property Law
Laws Affected:
Add §220-a, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7657
2011-2012: A7322
2013-2014: A7404
2015-2016: A3929
2017-2018: A5775
2019-2020: A5355
2021-2022: A3567
2025-2026: A1768

2023-A4718 (ACTIVE) - Summary

Prohibits landlords from including additional services in a tenant's base rent; provides that additional services include cable television, internet services, and garage usage.

2023-A4718 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4718
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law, in relation to prohibiting  land-
   lords from including additional services in a tenant's base rent
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 220-a to read as follows:
   §  220-A.  BASE RENT AND NONESSENTIAL SERVICES. 1. FOR THE PURPOSES OF
 THIS SECTION, "NONESSENTIAL SERVICES" SHALL  INCLUDE  CABLE  TELEVISION,
 INTERNET SERVICES AND GARAGE USAGE.
   2.  LANDLORDS SHALL BE PROHIBITED FROM INCLUDING NONESSENTIAL SERVICES
 AS A CONDITION OF LEASING A DWELLING IN A PRIMARY WRITTEN OR ORAL  LEASE
 AGREEMENT.
   3.  NONESSENTIAL  SERVICES MAY BE PROVIDED BY LANDLORDS, IF THE TENANT
 AGREES TO HAVE SUCH NONESSENTIAL SERVICES. ANY SERVICES PROVIDED IN THIS
 MANNER AND THE TERMS OF USE SHALL BE SET FORTH  IN  A  WRITTEN  OR  ORAL
 AGREEMENT,  WHICH  SHALL  BE A SEPARATE AGREEMENT FROM THE PRIMARY LEASE
 AGREEMENT AND SHALL NOT AFFECT THE VALIDITY OR APPLICATION OF THE PRIMA-
 RY LEASE AGREEMENT.
   4. ANY AGREEMENT PROVISION CONTAINED IN  A  LEASE  FOR  A  RESIDENTIAL
 DWELLING THAT REQUIRES PAYMENT FOR NONESSENTIAL SERVICES AS SET FORTH IN
 THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   5.  THE  PROVISIONS  OF THIS SECTION SHALL NOT APPLY TO BUILDINGS THAT
 CONTAIN LESS THAN THREE DWELLING UNITS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law, provided, however, that this act shall only apply to
 lease agreements signed on or after such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08841-01-3

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