Senate Bill S2879

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2879
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 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-u to read as follows:
   § 66-U. 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.  PROSPECTIVE TENANTS OR
 LESSEES SHALL PROVIDE 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 IDENTIFI-
 CATION,  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 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04667-01-3
              

 S. 2879                             2
 
 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 INFOR-
 MATION  PAYABLE TO THE GAS CORPORATION, ELECTRIC CORPORATION AND MUNICI-
 PALITY PROVIDING SUCH INFORMATION.
   § 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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.