Assembly Bill A1768A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1768--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by M. of A. ROSENTHAL, CLARK -- read once and referred to the
   Committee  on  Housing  --  recommitted to the Committee on Housing in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the real property law, in relation to prohibiting  land-
   lords  from  requiring  a  fee for nonessential 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
 238-b to read as follows:
   § 238-B. BASE RENT AND NONESSENTIAL SERVICES. 1. FOR THE  PURPOSES  OF
 THIS  SECTION,  "NONESSENTIAL  SERVICES" SHALL INCLUDE CABLE TELEVISION,
 INTERNET SERVICES AND GARAGE USAGE.
   2. A LANDLORD SHALL BE PROHIBITED FROM REQUIRING A FEE  FOR  NONESSEN-
 TIAL SERVICES IN ADDITION TO THE PAYMENT OF RENT AS A CONDITION OF LEAS-
 ING A DWELLING IN A PRIMARY WRITTEN OR ORAL LEASE AGREEMENT.
   3. NONESSENTIAL SERVICES FOR WHICH A FEE IS CHARGED IN ADDITION TO THE
 PAYMENT  OF  RENT MAY BE PROVIDED BY A LANDLORD, IF THE TENANT AGREES TO
 HAVE SUCH NONESSENTIAL SERVICES AND AGREES TO PAY A FEE FOR SUCH  NONES-
 SENTIAL  SERVICES  IN  ADDITION TO THE PAYMENT OF RENT. ANY NONESSENTIAL
 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  APPLI-
 CATION OF THE PRIMARY LEASE AGREEMENT.
   4.  ANY  AGREEMENT  PROVISION  CONTAINED  IN A LEASE FOR A RESIDENTIAL
 DWELLING THAT REQUIRES PAYMENT OF A FEE  FOR  NONESSENTIAL  SERVICES  IN
 ADDITION  TO  THE  RENT  AS  SET  FORTH IN THIS SECTION SHALL BE VOID AS
 CONTRARY TO PUBLIC POLICY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04616-02-6
 A. 1768--A                          2
              

 
   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.