Assembly Bill A8712A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8712
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the real property law and the  public  service  law,  in
   relation  to  prohibiting  utility  service  terminations  in multiple
   dwellings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 235-a of the real property law, as
 amended  by  chapter  143  of  the  laws  of 2020, is amended to read as
 follows:
   1. In any case in which a residential tenant  shall  lawfully  make  a
 payment  to  a  utility  company pursuant to the provisions of [sections
 thirty-three,] SECTION thirty-four [and  one  hundred  sixteen]  of  the
 public  service  law,  or to a utility company as defined in subdivision
 twenty-three of section two of the public service law, public authority,
 water-works corporation,  as  defined  in  subdivision  twenty-seven  of
 section  two  of  the  public service law, or municipal water system, as
 prescribed in section eighty-nine-l of the public service law, for water
 service which a landlord is responsible for but has failed or refused to
 provide payment therefor, such payment  shall  be  deductible  from  any
 future payment of rent.
   §  2. Section 33 of the public service law, as added by chapter 713 of
 the laws of 1981, paragraphs (c) and (d) of subdivision 1 as amended  by
 chapter 195 of the laws of 2010, is amended to read as follows:
   § 33. Discontinuance of residential utility service to multiple dwell-
 ings.  1. Notwithstanding any other provisions of law, no public utility
 company or municipality shall discontinue gas, electric or steam service
 to an entire multiple dwelling (as defined in the multiple dwelling  law
 or  the  multiple  residence  law)  located  anywhere  in this state for
 nonpayment of bills rendered for service [unless such]. A PUBLIC UTILITY
 COMPANY OR MUNICIPALITY MAY COMMENCE AN ACTION AGAINST THE OWNER OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13069-01-5
              

 A. 8712                             2
 
 PREMISES  AFFECTED SEEKING A LIEN AGAINST SUCH MULTIPLE DWELLING FOR THE
 AMOUNT OF SUCH UTILITY BILLS. A utility shall have  given  fifteen  days
 written  notice  of  its intention so to [discontinue] SEEK SUCH LIEN as
 follows:
   (a)  Such  notice shall be served personally on the owner of the prem-
 ises affected, or in lieu thereof, to the person, firm,  or  corporation
 to whom or which the last preceding bill has been rendered and from whom
 or  which  the  utility has received payment therefor, and to the super-
 intendent or  other  person  in  charge  of  the  building  or  premises
 affected,  if  it  can  be readily ascertained that there is such super-
 intendent or other person in charge.
   (b) In lieu of personal delivery to the person  or  persons,  firm  or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
   (c)  In  addition  to the notice prescribed by paragraph (a) or (b) of
 this subdivision, fifteen days written notice shall be (i) posted in the
 public areas of such multiple dwelling, (ii) mailed to the "Occupant" of
 each unit in that multiple dwelling, (iii) mailed to  the  local  health
 officer  and  the director of the social services district for the poli-
 tical subdivision in which the multiple dwelling is located, (iv) if the
 multiple dwelling is located in a city or a village, mailed to the mayor
 thereof, or if there be none, to the manager, or, if the multiple dwell-
 ing is located in a town, then mailed to the town supervisor, (v) mailed
 to the county executive of the county in which the multiple dwelling  is
 located,  or  if  there  be  none, then to the chairman of such county's
 legislative body, and (vi) mailed to the office of the  New  York  state
 long  term  care  ombudsman,  if  the multiple dwelling is a residential
 health care facility as defined in subdivision three of section  twenty-
 eight  hundred  one  of the public health law, an adult care facility as
 defined in subdivision twenty-one of section two of the social  services
 law,  or  an  assisted living residence as defined in subdivision one of
 section forty-six hundred fifty-one of the public health law as added by
 chapter two of the laws of  two  thousand  four.    Notice  required  by
 subparagraphs  (iv)  and  (v)  of  this  paragraph  may be mailed to the
 persons specified therein or to their respective designees.  The  notice
 required  by this paragraph shall state [the intended date of discontin-
 uance of service,] the amount due for such service, and  [the  procedure
 by  which  any tenant or public agency may make such payment and thereby
 avoid discontinuance of service] THAT THE UTILITY WILL  NOT  DISCONTINUE
 SERVICE AND SHALL SEEK A LIEN AGAINST THE OWNER.
   [(d) The written notice required by subparagraphs (iii), (iv), (v) and
 (vi)  of  paragraph  (c)  of this subdivision shall be repeated not more
 than four days nor less than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been made pursuant to the provisions of  this  section  and  obligations
 owed  the  utility  or  municipality have been satisfied, the utility or
 municipality shall notify, in the same manner as it gave such notice  of
 intention,  the  occupant of each unit that the intention to discontinue
 utility service no longer exists.]
   2. For the purposes of  this  section,  the  department  charged  with
 enforcing  the  multiple  dwelling  law  shall prepare a schedule of all
 multiple dwellings within its jurisdiction and shall provide a  copy  of
 such  schedule to any gas, steam or electric corporation or municipality
 subject to the provisions  of  this  section.  Such  schedule  shall  be
 revised  semi-annually  and a revised copy provided to such corporation.
 A. 8712                             3
 
 Every county, and every municipality to which the multiple dwelling  law
 does  not  apply, which county or municipality has compiled or hereafter
 may compile a listing of all multiple dwellings within its  jurisdiction
 shall  make  such  listing available without charge to any gas, steam or
 electric corporation providing service in such county or municipality.
   [3. Any gas, electric or steam corporation or municipality which will-
 fully fails to comply with the  provisions  of  this  section  shall  be
 liable  for  a  penalty of twenty-five dollars for each occupied unit of
 the multiple dwelling for each day during which  service  is  unlawfully
 discontinued;  provided, however, that when the only non-compliance with
 this section is failure to mail notice to each "Occupant" as required by
 clause (ii) of paragraph (c) of subdivision one above the penalty  shall
 be  twenty-five  dollars for each occupied unit of the multiple dwelling
 to which notice was not mailed for each  day  during  which  service  is
 unlawfully  discontinued.  An  action  to  recover  a penalty under this
 section may be brought by the counsel to the commission in any court  of
 competent  jurisdiction  in  this state in the name of the people of the
 state of New York. Any moneys recovered in such action shall be paid  to
 the state treasury to the credit of the general fund.
   4.]  3.  Any  person  who willfully interferes with the posting of the
 notice specified in [clause] SUBPARAGRAPH (i) of paragraph (c) of subdi-
 vision one [above] OF THIS SECTION by any gas, steam or electric  corpo-
 ration  or municipality, willfully defaces or mutilates any such notice,
 or willfully removes the same from the place where it is posted by  such
 company  prior  to  the date specified therein for the discontinuance of
 service shall be guilty of a violation and, upon  conviction,  shall  be
 punished by a fine not exceeding twenty-five dollars.
   [5.  The  commission  shall  maintain  rules  and  regulations for the
 payment by tenants of utility bills for gas, electric or  steam  service
 in  a multiple dwelling to which this section applies where the owner of
 any such multiple dwelling, or the person, firm or corporation  to  whom
 or which the last preceding bill has been rendered or from whom or which
 the utility or municipality has received payment therefor, has failed to
 pay  such  utility  bills.  Such rules and regulations shall (a) provide
 that utility service may not be discontinued to any such multiple dwell-
 ing as long as the tenants continue to make timely payments  in  accord-
 ance  with  established procedures; (b) include designation of an office
 to advise tenants of the rights and  procedures  available  pursuant  to
 such  rules and regulations; (c) assure that tenants shall not be liable
 for bills more than two months in arrears; and (d) require  the  commis-
 sion  upon petition of twenty-five percent of the tenants of such multi-
 ple dwelling to meet with representatives of such tenants and the owner,
 person, firm or corporation to whom or which the last preceding bill has
 been rendered or from whom or which the  utility  has  received  payment
 therefor.]
   §  3. Section 116 of the public service law, as amended by chapter 713
 of the laws of 1981, subdivision 5 as separately amended by chapter  511
 of the laws of 1981, is amended to read as follows:
   §  116.  Discontinuance  of  water  service  to multiple dwellings. 1.
 Notwithstanding any other provisions of law, no public  utility  company
 shall  discontinue  water  service  to  an  entire multiple dwelling (as
 defined in the multiple dwelling law  or  the  multiple  residence  law)
 located  anywhere  in  this  state  for nonpayment of bills rendered for
 service [unless such]. A PUBLIC UTILITY COMPANY MAY COMMENCE  AN  ACTION
 AGAINST  THE  OWNER OF THE PREMISES AFFECTED SEEKING A LIEN AGAINST SUCH
 MULTIPLE DWELLING FOR THE AMOUNT OF SUCH UTILITY BILLS. A utility  shall
 A. 8712                             4
 
 have  given fifteen days' written notice of its intention so to [discon-
 tinue] SEEK SUCH LIEN as follows:
   (a)  Such  notice shall be served personally on the owner of the prem-
 ises affected, or in lieu thereof, to the person, firm,  or  corporation
 to whom or which the last preceding bill has been rendered and from whom
 or  which  the  utility has received payment therefor, and to the super-
 intendent or  other  person  in  charge  of  the  building  or  premises
 affected,  if  it  can  be readily ascertained that there is such super-
 intendent or other person in charge.
   (b) In lieu of personal delivery to the person  or  persons,  firm  or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
   (c)  In  addition  to  the  notice  prescribed by PARAGRAPH (a) or (b)
 [above] OF THIS SUBDIVISION, fifteen days' written notice shall  be  (i)
 posted in the public areas of such multiple dwelling, (ii) mailed to the
 "Occupant"  of  each unit in that multiple dwelling, (iii) mailed to the
 local health officer and the director of the  social  services  district
 for the political subdivision in which the multiple dwelling is located,
 (iv)  if the multiple dwelling is located in a city or a village, mailed
 to the mayor thereof, or if there be none, to the manager,  or,  if  the
 multiple dwelling is located in a town, then mailed to the town supervi-
 sor,  and  (v) mailed to the county executive of the county in which the
 multiple dwelling is located, or if there be none, then to the  chairman
 of such county's legislative body. Notice required by SUBPARAGRAPHS (iv)
 and (v) of this paragraph may be mailed to the persons specified therein
 or  to their respective designees. The notice required by this paragraph
 shall state the [intended date of discontinuance of service,] the amount
 due for such service, and [the procedure by which any tenant  or  public
 agency  may  make  such  payment  and  thereby  avoid  discontinuance of
 service] THAT THE UTILITY WILL NOT DISCONTINUE SERVICE AND SHALL SEEK  A
 LIEN AGAINST THE OWNER.
   [(d)  The  written  notice  required by clauses (iii), (iv) and (v) of
 paragraph (c) above shall be repeated not more than four days  nor  less
 than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been  made  pursuant  to  the provisions of this section and obligations
 owed the utility have been satisfied, the utility shall notify,  in  the
 same  manner  as  it gave such notice of intention, the occupant of each
 unit that  the  intention  to  discontinue  utility  service  no  longer
 exists.]
   2.  For  the  purposes  of  this  section, the department charged with
 enforcing the multiple dwelling law shall  prepare  a  schedule  of  all
 multiple  dwellings  within its jurisdiction and shall provide a copy of
 such schedule to any water corporation subject to the provisions of this
 section. Such schedule shall be revised semi-annually and a revised copy
 provided to such corporation. Every county, and  every  municipality  to
 which  the multiple dwelling law does not apply, which county or munici-
 pality has compiled or hereafter may compile a listing of  all  multiple
 dwellings  within  its  jurisdiction  shall  make such listing available
 without charge to any water corporation providing service in such county
 or municipality.
   [3. Any water corporation which willfully fails  to  comply  with  the
 provisions  of this section shall be liable for a penalty of twenty-five
 dollars for each occupied unit of the multiple  dwelling  for  each  day
 during which service is unlawfully discontinued; provided, however, that
 A. 8712                             5

 when the only non-compliance with this section is failure to mail notice
 to each "Occupant" as required by clause (ii) of paragraph (c) of subdi-
 vision one above the penalty shall be twenty-five dollars for each occu-
 pied  unit  of  the multiple dwelling to which notice was not mailed for
 each day during which service is unlawfully discontinued.  An action  to
 recover  a  penalty  under this section may be brought by the counsel to
 the commission in any court of competent jurisdiction in this  state  in
 the name of the people of the state of New York. Any monies recovered in
 such  action  shall  be  paid to the state treasury to the credit of the
 general fund.
   4.] 3. Any person who willfully interferes with  the  posting  of  the
 notice specified in [clause] SUBPARAGRAPH (i) of paragraph (c) of subdi-
 vision  one  [above] OF THIS SECTION by any water corporation, willfully
 defaces or mutilates any such notice, or willfully removes the same from
 the place where it is posted by such company prior to the date specified
 therein for the discontinuance of service shall be guilty of a violation
 and, upon conviction, shall be punished by a fine not exceeding  twenty-
 five dollars.
   [5.  The  commission  shall  maintain  rules  and  regulations for the
 payment by tenants of utility bills for  water  service  in  a  multiple
 dwelling  to  which  this  section  applies  where the owner of any such
 multiple dwelling, or the person, firm or corporation to whom  or  which
 the  last  preceding  bill  has  been rendered or from whom or which the
 utility has received payment therefore, has failed to pay  such  utility
 bills. Such rules and regulations shall (i) provide that utility service
 may  not  be  discontinued  to any such multiple dwelling as long as the
 tenants continue to make timely payments in accordance with  established
 procedures;  (ii)  include designation of an office to advise tenants of
 the rights and procedures available pursuant to  such  rules  and  regu-
 lations;  (iii)  assure  that tenants shall not be liable for bills more
 than two months in arrears; and (iv) require the commission  upon  peti-
 tion  of twenty-five percent of the tenants of such multiple dwelling to
 meet with representatives of such tenants and the owner, person, firm or
 corporation to whom or which the last preceding bill has  been  rendered
 or from whom or which the utility has received payment therefore.]
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8712--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 2, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Corporations, Authorities and Commissions --  recommitted
   to  the  Committee  on  Corporations,  Authorities  and Commissions in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the real property law and the public service law, in
   relation to  prohibiting  utility  service  terminations  in  multiple
   dwellings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 235-a of the real property law, as
 amended by chapter 143 of the laws  of  2020,  is  amended  to  read  as
 follows:
   1.  In  any  case  in which a residential tenant shall lawfully make a
 payment to a utility company pursuant to  the  provisions  of  [sections
 thirty-three,]  SECTION  thirty-four  [and  one  hundred sixteen] of the
 public service law, or to a utility company as  defined  in  subdivision
 twenty-three of section two of the public service law, public authority,
 water-works  corporation,  as  defined  in  subdivision  twenty-seven of
 section two of the public service law, or  municipal  water  system,  as
 prescribed in section eighty-nine-l of the public service law, for water
 service which a landlord is responsible for but has failed or refused to
 provide  payment  therefor,  such  payment  shall be deductible from any
 future payment of rent.
   § 2. Section 33 of the public service law, as added by chapter 713  of
 the  laws of 1981, paragraphs (c) and (d) of subdivision 1 as amended by
 chapter 195 of the laws of 2010, is amended to read as follows:
   § 33. [Discontinuance  of  residential  utility  service  to  multiple
 dwellings]  ACTION FOR RECEIVERSHIP OF RENTS AND COMMON CHARGES ON RESI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13069-06-6
              

 A. 8712--B                          2
 
 DENTIAL UTILITY SERVICE TO MULTIPLE DWELLINGS.  1.  Notwithstanding  any
 other  provisions  of law, no public utility company, INCLUDING THE LONG
 ISLAND POWER AUTHORITY, or municipality shall discontinue gas,  electric
 or  steam  service  to  an  entire  multiple dwelling (as defined in the
 multiple dwelling law or the multiple residence law) located anywhere in
 this state for nonpayment of bills rendered for service [unless such]. A
 PUBLIC UTILITY COMPANY OR MUNICIPALITY MAY COMMENCE  AN  ACTION  AGAINST
 THE OWNER OF THE PREMISES AFFECTED SEEKING THE APPOINTMENT OF A RECEIVER
 OF RENTS OR PAYMENTS FOR USE AND OCCUPANCY OR COMMON CHARGES, AS DEFINED
 IN SECTION THREE HUNDRED THIRTY-NINE-E OF THE REAL PROPERTY LAW, AGAINST
 SUCH  MULTIPLE  DWELLING FOR THE AMOUNT OF SUCH UTILITY BILLS. A utility
 shall have given fifteen days written notice  of  its  intention  so  to
 [discontinue] SEEK SUCH APPOINTMENT OF A RECEIVER as follows:
   (a)  Such  notice shall be served personally on the owner of the prem-
 ises affected, or in lieu thereof, to the person, firm,  or  corporation
 to whom or which the last preceding bill has been rendered and from whom
 or  which  the  utility has received payment therefor, and to the super-
 intendent or  other  person  in  charge  of  the  building  or  premises
 affected,  if  it  can  be readily ascertained that there is such super-
 intendent or other person in charge.
   (b) In lieu of personal delivery to the person  or  persons,  firm  or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
   (c)  In  addition  to the notice prescribed by paragraph (a) or (b) of
 this subdivision, fifteen days written notice shall be (i) posted in the
 public areas of such multiple dwelling, (ii) mailed to the "Occupant" of
 each unit in that multiple dwelling, (iii) mailed to  the  local  health
 officer  and  the director of the social services district for the poli-
 tical subdivision in which the multiple dwelling is located, (iv) if the
 multiple dwelling is located in a city or a village, mailed to the mayor
 thereof, or if there be none, to the manager, or, if the multiple dwell-
 ing is located in a town, then mailed to the town supervisor, (v) mailed
 to the county executive of the county in which the multiple dwelling  is
 located, or if there be none, then to the [chairman] CHAIRPERSON of such
 county's legislative body, and (vi) mailed to the office of the New York
 state  long  term care ombudsman, if the multiple dwelling is a residen-
 tial health care facility as defined in  subdivision  three  of  section
 twenty-eight hundred one of the public health law, an adult care facili-
 ty  as  defined  in  subdivision twenty-one of section two of the social
 services law, or an assisted living residence as defined in  subdivision
 one  of  section forty-six hundred fifty-one of the public health law as
 added by chapter two of the laws of two thousand four.  Notice  required
 by  subparagraphs  (iv)  and  (v) of this paragraph may be mailed to the
 persons specified therein or to their respective designees.  The  notice
 required  by this paragraph shall state [the intended date of discontin-
 uance of service,] the amount due for such service, and  [the  procedure
 by  which  any tenant or public agency may make such payment and thereby
 avoid discontinuance of service] THAT THE UTILITY WILL  NOT  DISCONTINUE
 SERVICE  AND  SHALL  SEEK  THE  APPOINTMENT  OF  A  RECEIVER OF RENTS OR
 PAYMENTS AGAINST THE OWNER.  THE NOTICE SHALL BE  IN  CLEAR  AND  UNDER-
 STANDABLE  LANGUAGE AND PROVIDED IN ANY LANGUAGE REQUIRED BY THE COMMIS-
 SION PURSUANT TO SECTION FORTY-FOUR OF THIS ARTICLE, PROVIDED  THAT  ANY
 MORE  EXPANSIVE  LANGUAGE  REQUIREMENT ESTABLISHED AS PART OF SETTLEMENT
 WITH THE COMMISSION OR DEPARTMENT SHALL BE FOLLOWED.
 A. 8712--B                          3
 
   [(d) The written notice required by subparagraphs (iii), (iv), (v) and
 (vi) of paragraph (c) of this subdivision shall  be  repeated  not  more
 than four days nor less than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been  made  pursuant  to  the provisions of this section and obligations
 owed the utility or municipality have been  satisfied,  the  utility  or
 municipality  shall notify, in the same manner as it gave such notice of
 intention, the occupant of each unit that the intention  to  discontinue
 utility service no longer exists.]
   2.  (A)  FOLLOWING  THE  NOTIFICATION  OF  INTENT TO SEEK AN ACTION AS
 OUTLINED IN SUBDIVISION ONE OF THIS SECTION, A UTILITY  CORPORATION  MAY
 PETITION  THE  COURT  OF  COMPETENT  JURISDICTION  FOR  APPOINTMENT OF A
 RECEIVER OF RENTS OR PAYMENTS FOR USE AND OCCUPANCY OR  COMMON  CHARGES,
 AS  DEFINED  IN SECTION THREE HUNDRED THIRTY-NINE-E OF THE REAL PROPERTY
 LAW, FOR ANY DWELLING WHICH THE OWNER OR THE PERSON, FIRM OR CORPORATION
 WHO RECEIVED SUCH NOTIFICATION IS IN DEFAULT. THE COURT SHALL  ISSUE  AN
 ORDER  TO SHOW CAUSE WHY A RECEIVER SHOULD NOT BE APPOINTED, WHICH SHALL
 BE SERVED UPON THE OWNER, THE BUILDING'S LESSOR, MANAGER, OR THEIR AGENT
 IN A MANNER PRESCRIBED BY THE COURT WHICH SHALL INCLUDE POSTING OF  SUCH
 ORDER  ON THE PREMISES OF SUCH MULTIPLE DWELLING IN QUESTION IN A MANNER
 SIMILAR TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION. IF A  PETI-
 TION  OR  PETITIONS ARE FILED BY A SINGLE PETITIONER REGARDING MORE THAN
 ONE BUILDING UNDER THE SAME OWNERSHIP, THE COURT SHALL, IF  PRACTICABLE,
 APPOINT  A COMMON RECEIVER FOR ALL SUCH BUILDINGS AND, IF FILED AS SEPA-
 RATE ACTIONS, MAY CONSOLIDATE SUCH PETITIONS AND TREAT THEM AS A  SINGLE
 ACTION.
   (B)  A  HEARING  SHALL BE HELD ON SUCH ORDER NO LATER THAN SEVENTY-TWO
 HOURS AFTER ITS ISSUANCE OR THE FIRST COURT  DAY  THEREAFTER.  THE  SOLE
 PURPOSE  OF  SUCH  A  HEARING  SHALL BE TO DETERMINE WHETHER THERE IS AN
 AMOUNT OWED BETWEEN THE OWNER AND THE  UTILITY  CORPORATION.  THE  COURT
 SHALL  MAKE  A  DETERMINATION OF ANY AMOUNT DUE AND ANY AMOUNT SO DETER-
 MINED SHALL CONSTITUTE A LIEN UPON THE REAL PROPERTY OF SUCH  OWNER.  IF
 AFTER  DETERMINATION  OF  ANY  AMOUNT  DUE  BY  THE COURT THE OWNER, THE
 BUILDING'S LESSOR, MANAGER, OR THEIR AGENT PETITIONS  THE  COURT  TO  BE
 PERMITTED  TO  PAY  SUCH AMOUNTS, THE COURT MAY, IN LIEU OF APPOINTING A
 RECEIVER, ISSUE AN ORDER PERMITTING SUCH OWNER, THE  BUILDING'S  LESSOR,
 MANAGER,  OR  AGENT  TO  REPAY  THE  AMOUNTS DUE THE PETITIONING UTILITY
 CORPORATION WITHIN A TIME FIXED BY THE COURT. IF AT THE  TIME  FIXED  IN
 THE ORDER THE AMOUNTS HAVE NOT BEEN REPAID, THE COURT SHALL APPOINT SUCH
 RECEIVER. SUCH LIEN SHALL INCLUDE:
   (I)  THE  NAME  AND  ADDRESS OF THE UTILITY CORPORATION, INCLUDING ANY
 DOING BUSINESS AS NAME OR THE CORPORATION;
   (II) THE NAME AND ADDRESS OF THE CORPORATION'S ATTORNEY, IF ANY;
   (III) THE NAME OF THE OWNER OF THE REAL PROPERTY OR PROPERTIES AGAINST
 WHICH SUCH UNPAID UTILITY BILLS EXIST;
   (IV) THE AMOUNT UNPAID TO THE LIENOR FOR SUCH ARREARAGE; AND
   (V) THE PROPERTY OR PROPERTIES  SUBJECT    TO    THE    LIEN,  WITH  A
 DESCRIPTION  THEREOF  SUFFICIENT FOR IDENTIFICATION; AND IF IN A CITY OR
 VILLAGE, THE PROPERTY OR PROPERTIES LOCATION(S) BY STREET AND NUMBER.
   SUCH LIEN SHALL BE FILED  IN   THE   CLERK'S   OFFICE   OF THE  COUNTY
 WHERE  THE PROPERTY OR PROPERTIES IS SITUATED. IF SUCH PROPERTY OR PROP-
 ERTIES IS SITUATED IN  TWO  OR   MORE   COUNTIES,   SUCH LIEN  SHALL  BE
 FILED IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES.
   (C)  AS  SOON  AS  PRACTICABLE,  BUT  NO  MORE THAN TEN DAYS AFTER THE
 RECEIPT OF THE ORDER OF APPOINTMENT  OF  SUCH  RECEIVER,  SUCH  RECEIVER
 SHALL  PROVIDE WRITTEN NOTICE TO ALL OCCUPANTS OF THE BUILDING OR BUILD-
 A. 8712--B                          4
 
 INGS, DELIVERED SEPARATELY TO  EACH  DWELLING  UNIT,  STATING  THAT  THE
 RECEIVER  HAS  BEEN  AUTHORIZED TO COLLECT ALL RENTS OR PAYMENTS FOR USE
 AND OCCUPANCY OR COMMON CHARGES, AS DEFINED  IN  SECTION  THREE  HUNDRED
 THIRTY-NINE-E  OF  THE REAL PROPERTY LAW DUE FROM SUCH OCCUPANT AND THAT
 THE OWNER, THE BUILDING'S LESSOR, MANAGER, OR THEIR AGENT IS  PROHIBITED
 FROM  COLLECTING SUCH RENTS OR PAYMENTS FOR USE AND OCCUPANCY, OR COMMON
 CHARGES. THE NOTICE SHALL ADDITIONALLY BE  SENT  TO  THOSE  OUTLINED  IN
 PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF THIS SECTION. SUCH NOTICE SHALL
 INCLUDE THE ADDRESS TO WHICH PAYMENTS ARE TO BE  MADE  AND  THE  CONTACT
 INFORMATION  WITH  WHICH  THE  RECEIVER  WILL  BE CONTACTED, WHICH SHALL
 INCLUDE AT A MINIMUM A TELEPHONE NUMBER. THE NOTICE SHALL  BE  IN  CLEAR
 AND UNDERSTANDABLE LANGUAGE AND PROVIDED IN ANY LANGUAGE REQUIRED BY THE
 COMMISSION PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER, PROVIDED THAT
 ANY  MORE  EXPANSIVE LANGUAGE REQUIREMENT ESTABLISHED AS PART OF SETTLE-
 MENT BETWEEN THE COMMISSION OR DEPARTMENT AND THE  PETITIONER  SHALL  BE
 FOLLOWED.  A COPY OF THE COURT ORDER APPOINTING THE RECEIVER AND AUTHOR-
 IZING THE COLLECTION OF RENTS SHALL BE ATTACHED TO THE NOTICE.
   (D) THE RECEIVER APPOINTED BY THE COURT SHALL  COLLECT  ALL  RENTS  OR
 PAYMENTS  FOR  USE  AND OCCUPANCY OR COMMON CHARGES FORTHCOMING FROM THE
 OCCUPANTS OF THE BUILDING OR BUILDINGS  IN  QUESTION  IN  PLACE  OF  THE
 OWNER,  THE  BUILDING'S  LESSOR,  MANAGER, OR ANY AGENT. THE COURT SHALL
 AUTHORIZE THE RECEIVER TO UTILIZE SUCH COLLECTED RENTS OR PAYMENTS   FOR
 EXPENSES  REASONABLY  NECESSARY TO CONTINUE THE OPERATION AND MANAGEMENT
 OF SUCH BUILDING OR BUILDINGS,  MAKE  REASONABLE  REPAIRS,  AND  PROVIDE
 REASONABLE MAINTENANCE TO THE PREMISES AS DETERMINED BY THE COURT AND IN
 ACCORDANCE  WITH  SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY
 LAW,  THE REASONABLE COST OF WHICH, SHOULD SUCH ACTIONS NOT  BE  COVERED
 BY  THE  RENTS  OR PAYMENTS RECEIVED, SHALL BE ADDED TO THE TOTAL AMOUNT
 DUE AND OWING FROM THE OWNER. THE RECEIVER MAY ALSO PETITION  THE  COURT
 IN  ORDER  TO  RECOVER  AMOUNTS DUE AS DETERMINED UNDER PARAGRAPH (B) OF
 THIS SUBDIVISION AND CONTINUING CHARGES FOR SUCH GAS, ELECTRIC, OR STEAM
 SERVICE UNTIL ALL SUCH CHARGES AND OTHER COSTS HAVE BEEN PAID.
   (E) THE RECEIVER SHALL PAY THE PETITIONER OR OTHER SUPPLIER FROM  SUCH
 RENTS  OR PAYMENTS FOR USE AND OCCUPANCY OR COMMON CHARGES FOR ELECTRIC,
 GAS, WATER, OR STEAM, SUPPLIED ON AND AFTER THE DATE OF  THEIR  APPOINT-
 MENT. THE OWNER, THE BUILDING'S LESSOR, MANAGER, OR THEIR AGENT SHALL BE
 LIABLE  FOR SUCH REASONABLE FEES AND COSTS DETERMINED BY THE COURT TO BE
 DUE TO THE RECEIVER, WHICH FEES AND COSTS  MAY  BE  RECOVERED  FROM  THE
 RENTS OR PAYMENTS FOR USE AND OCCUPANCY UNDER THE CONTROL OF THE RECEIV-
 ER,  PROVIDED  NO  SUCH FEES OR COSTS SHALL BE RECOVERED UNTIL AFTER THE
 PAYMENT FOR CURRENT ELECTRIC, GAS, WATER, OR  STEAM  DELIVERY  HAS  BEEN
 MADE.  ANY MONEYS FROM RENTAL PAYMENTS OR PAYMENTS FOR USE AND OCCUPANCY
 OR COMMON CHARGES REMAINING AFTER PAYMENT  FOR  CURRENT  ELECTRIC,  GAS,
 STEAM AND WATER SERVICE DELIVERIES, FOR EXPENSES REASONABLY NECESSARY TO
 CONTINUE  THE  OPERATION AND MANAGEMENT OF SUCH BUILDING OR BUILDINGS AS
 DETERMINED BY THE COURT AND IN ACCORDANCE WITH SECTION TWO HUNDRED THIR-
 TY-FIVE-B OF THE REAL PROPERTY LAW, AND  AFTER  PAYMENT  FOR  REASONABLE
 COSTS  AND FEES TO THE RECEIVER, SHALL BE APPLIED TO ANY ARREARAGE FOUND
 BY THE COURT TO BE DUE AND OWING THE PETITIONER FROM THE OWNER OR  THEIR
 AGENT  FOR  SERVICE  PROVIDED  TO SUCH BUILDING OR BUILDINGS. ANY MONEYS
 REMAINING THEREAFTER SHALL BE TURNED OVER TO THE OWNER,  THE  BUILDING'S
 LESSOR, MANAGER, OR THEIR AGENT. THE COURT MAY ORDER AN ACCOUNTING TO BE
 MADE  AT  SUCH TIMES AS IT DETERMINES TO BE JUST, REASONABLE, AND NECES-
 SARY.
   (F) For the purposes of this  section,  the  department  charged  with
 enforcing  the  multiple  dwelling  law  shall prepare a schedule of all
 A. 8712--B                          5
 
 multiple dwellings within its jurisdiction and shall provide a  copy  of
 such  schedule to any gas, steam or electric corporation or municipality
 subject to the provisions  of  this  section.  Such  schedule  shall  be
 revised  semi-annually  and a revised copy provided to such corporation.
 Every county, and every municipality to which the multiple dwelling  law
 does  not  apply, which county or municipality has compiled or hereafter
 may compile a listing of all multiple dwellings within its  jurisdiction
 shall  make  such  listing available without charge to any gas, steam or
 electric corporation providing service in such county or municipality.
   3. [Any gas, electric or steam corporation or municipality which will-
 fully fails to comply with the  provisions  of  this  section  shall  be
 liable  for  a  penalty of twenty-five dollars for each occupied unit of
 the multiple dwelling for each day during which  service  is  unlawfully
 discontinued;  provided, however, that when the only non-compliance with
 this section is failure to mail notice to each "Occupant" as required by
 clause (ii) of paragraph (c) of subdivision one above the penalty  shall
 be  twenty-five  dollars for each occupied unit of the multiple dwelling
 to which notice was not mailed for each  day  during  which  service  is
 unlawfully  discontinued.  An  action  to  recover  a penalty under this
 section may be brought by the counsel to the commission in any court  of
 competent  jurisdiction  in  this state in the name of the people of the
 state of New York. Any moneys recovered in such action shall be paid  to
 the state treasury to the credit of the general fund.
   4.]   ANY RECEIVERSHIP ESTABLISHED PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION SHALL BE TERMINATED BY  THE  COURT  UPON  ITS  FINDING,  THROUGH
 NOTIFICATION  BY  THE RECEIVER, THAT THE ARREARAGE WHICH WAS THE SUBJECT
 OF THE ORIGINAL PETITION HAS BEEN SATISFIED, OR THAT  THE  BUILDING  HAS
 BEEN  SOLD  AND  THE  NEW  OWNER  HAS  ASSUMED LIABILITY FOR PROSPECTIVE
 SERVICE SUPPLIED BY THE PETITIONER. UPON THE COURT'S TERMINATION OF  ANY
 RECEIVERSHIP  ESTABLISHED  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION,
 THE RECEIVER SHALL PROVIDE WRITTEN NOTICE TO ALL OCCUPANTS OF THE BUILD-
 ING OR BUILDINGS, DELIVERED IN THE SAME MANNER AS NOTIFICATION WAS  SENT
 PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION TWO OF THIS SECTION, STATING
 THAT THE RECEIVERSHIP HAS BEEN TERMINATED BY THE COURT  AND  THE  OWNER,
 THE  BUILDING'S  LESSOR,  MANAGER, OR THEIR AGENT IS AGAIN AUTHORIZED TO
 COLLECT RENTS OR PAYMENTS FOR USE AND OCCUPANCY, OR COMMON CHARGES.
   4. NOTHING IN THIS SECTION SHALL PREVENT THE PETITIONER FROM  PURSUING
 ANY OTHER ACTION OR REMEDY IT MAY HAVE AGAINST THE OWNER, THE BUILDING'S
 LESSOR, MANAGER, OR THEIR AGENT.
   5.  NOTHING  IN  THIS  SECTION  SHALL PREVENT AN ACTION BY A TENANT OR
 TENANTS FROM PURSUING ANY OTHER  ACTION  OR  REMEDY  AVAILABLE  TO  THEM
 AGAINST  THE OWNER OR THEIR AGENT, OR LIMIT ANY PROVISION OF LAW PROVID-
 ING FOR THE PROTECTION OR RIGHTS OF A TENANT IN REGARDS TO EVICTION.
   6. ANY OWNER OR AGENT OF  SUCH  OWNER  WHO  COLLECTS  OR  ATTEMPTS  TO
 COLLECT ANY RENT OR PAYMENT FOR USE AND OCCUPANCY FROM ANY OCCUPANT OF A
 BUILDING  SUBJECT  TO AN ORDER APPOINTING A RECEIVER MAY BE FOUND, AFTER
 DUE NOTICE AND HEARING, TO BE IN CONTEMPT OF COURT.
   7. Any person who willfully interferes with the posting of the  notice
 specified  in  [clause] SUBPARAGRAPH (i) of paragraph (c) of subdivision
 one [above], SUBDIVISION TWO, OR IN SUBDIVISION THREE OF THIS SECTION by
 any gas, steam or electric corporation or municipality, OR AGENT OF  THE
 COURT  willfully  defaces  or  mutilates  any  such notice, or willfully
 removes the same from the place where it is posted by  such  company  OR
 COURT  AGENT prior to the date specified therein for the [discontinuance
 of service] NOTICE TO SEEK LIEN, ORDER  TO  SHOW  CAUSE,  OR  NOTICE  OF
 TERMINATION  OF  RECEIVER  shall  be  guilty  of  a  violation and, upon
 A. 8712--B                          6

 conviction, shall be  punished  by  a  fine  not  exceeding  twenty-five
 dollars.
   [5.  The  commission  shall  maintain  rules  and  regulations for the
 payment by tenants of utility bills for gas, electric or  steam  service
 in  a multiple dwelling to which this section applies where the owner of
 any such multiple dwelling, or the person, firm or corporation  to  whom
 or which the last preceding bill has been rendered or from whom or which
 the utility or municipality has received payment therefor, has failed to
 pay  such  utility  bills.  Such rules and regulations shall (a) provide
 that utility service may not be discontinued to any such multiple dwell-
 ing as long as the tenants continue to make timely payments  in  accord-
 ance  with  established procedures; (b) include designation of an office
 to advise tenants of the rights and  procedures  available  pursuant  to
 such  rules and regulations; (c) assure that tenants shall not be liable
 for bills more than two months in arrears; and (d) require  the  commis-
 sion  upon petition of twenty-five percent of the tenants of such multi-
 ple dwelling to meet with representatives of such tenants and the owner,
 person, firm or corporation to whom or which the last preceding bill has
 been rendered or from whom or which the  utility  has  received  payment
 therefor.]
   §  3. Section 116 of the public service law, as amended by chapter 713
 of the laws of 1981, subdivision 5 as separately amended by chapter  511
 of the laws of 1981, is amended to read as follows:
   § 116. [Discontinuance of water service to multiple dwellings.] ACTION
 FOR  RECEIVERSHIP  OF  RENTS  AND  COMMON  CHARGES  ON RESIDENTIAL WATER
 SERVICE TO MULTIPLE DWELLINGS. 1. Notwithstanding any  other  provisions
 of  law, no public utility company shall discontinue water service to an
 entire multiple dwelling (as defined in the multiple dwelling law or the
 multiple residence law) located anywhere in this state for nonpayment of
 bills rendered for service [unless such]. A PUBLIC  UTILITY  COMPANY  OR
 MUNICIPALITY  MAY  COMMENCE  AN ACTION AGAINST THE OWNER OF THE PREMISES
 AFFECTED SEEKING THE APPOINTMENT OF A RECEIVER OF RENTS OR PAYMENTS  FOR
 USE AND OCCUPANCY OR COMMON CHARGES, AS DEFINED IN SECTION THREE HUNDRED
 THIRTY-NINE-E  OF  THE REAL PROPERTY LAW, AGAINST SUCH MULTIPLE DWELLING
 FOR THE AMOUNT OF SUCH UTILITY BILLS. A utility shall have given fifteen
 days' written notice of its intention  so  to  [discontinue]  SEEK  SUCH
 APPOINTMENT OF RECEIVER as follows:
   (a)  Such  notice shall be served personally on the owner of the prem-
 ises affected, or in lieu thereof, to the person, firm,  or  corporation
 to whom or which the last preceding bill has been rendered and from whom
 or  which  the  utility has received payment therefor, and to the super-
 intendent or  other  person  in  charge  of  the  building  or  premises
 affected,  if  it  can  be readily ascertained that there is such super-
 intendent or other person in charge.
   (b) In lieu of personal delivery to the person  or  persons,  firm  or
 corporation specified in PARAGRAPH (a) [above] OF THIS SUBDIVISION, such
 notice may be mailed in a postpaid wrapper to the address of such person
 or persons, firm or corporation.
   (c)  In  addition  to  the  notice  prescribed by PARAGRAPH (a) or (b)
 [above] OF THIS SUBDIVISION, fifteen days' written notice shall  be  (i)
 posted in the public areas of such multiple dwelling, (ii) mailed to the
 "Occupant"  of  each unit in that multiple dwelling, (iii) mailed to the
 local health officer and the director of the  social  services  district
 for the political subdivision in which the multiple dwelling is located,
 (iv)  if the multiple dwelling is located in a city or a village, mailed
 to the mayor thereof, or if there be none, to the manager,  or,  if  the
 A. 8712--B                          7
 
 multiple dwelling is located in a town, then mailed to the town supervi-
 sor,  and  (v) mailed to the county executive of the county in which the
 multiple dwelling is located, or if there be none, then to  the  [chair-
 man]  CHAIRPERSON  of such county's legislative body. Notice required by
 SUBPARAGRAPHS (iv) and (v) of  this  paragraph  may  be  mailed  to  the
 persons  specified  therein or to their respective designees. The notice
 required by this paragraph shall state the [intended date of  discontin-
 uance  of  service, the] amount due for such service, and [the procedure
 by which any tenant or public agency may make such payment  and  thereby
 avoid  discontinuance  of service] THAT THE UTILITY WILL NOT DISCONTINUE
 SERVICE AND SHALL SEEK  THE  APPOINTMENT  OF  A  RECEIVER  OF  RENTS  OR
 PAYMENTS AGAINST THE OWNER. THE NOTICE SHALL BE IN CLEAR AND UNDERSTAND-
 ABLE  LANGUAGE  AND  PROVIDED IN ANY LANGUAGE REQUIRED BY THE COMMISSION
 PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER, PROVIDED THAT  ANY  MORE
 EXPANSIVE  LANGUAGE  REQUIREMENT  ESTABLISHED AS PART OF SETTLEMENT WITH
 THE COMMISSION OR DEPARTMENT SHALL BE FOLLOWED.
   [(d) The written notice required by clauses (iii),  (iv)  and  (v)  of
 paragraph  (c)  above shall be repeated not more than four days nor less
 than two days prior to such discontinuance.
   1-a. Whenever a notice of intention to discontinue utility service has
 been made pursuant to the provisions of  this  section  and  obligations
 owed  the  utility have been satisfied, the utility shall notify, in the
 same manner as it gave such notice of intention, the  occupant  of  each
 unit  that  the  intention  to  discontinue  utility  service  no longer
 exists.]
   2. (A) FOLLOWING THE NOTIFICATION OF  INTENT  TO  SEEK  AN  ACTION  AS
 OUTLINED  IN  SUBDIVISION ONE OF THIS SECTION, A UTILITY CORPORATION MAY
 PETITION THE COURT  OF  COMPETENT  JURISDICTION  FOR  APPOINTMENT  OF  A
 RECEIVER  OF  RENTS OR PAYMENTS FOR USE AND OCCUPANCY OR COMMON CHARGES,
 AS DEFINED IN SECTION THREE HUNDRED THIRTY-NINE-E OF THE  REAL  PROPERTY
 LAW, FOR ANY DWELLING WHICH THE OWNER OR THE PERSON, FIRM OR CORPORATION
 WHO  RECEIVED  SUCH NOTIFICATION IS IN DEFAULT. THE COURT SHALL ISSUE AN
 ORDER TO SHOW CAUSE WHY A RECEIVER SHOULD NOT BE APPOINTED, WHICH  SHALL
 BE SERVED UPON THE OWNER, THE BUILDING'S LESSOR, MANAGER, OR THEIR AGENT
 IN  A MANNER PRESCRIBED BY THE COURT WHICH SHALL INCLUDE POSTING OF SUCH
 ORDER ON THE PREMISES OF SUCH MULTIPLE DWELLING IN QUESTION IN A  MANNER
 SIMILAR  TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION. IF A PETI-
 TION OR PETITIONS ARE FILED BY A SINGLE PETITIONER REGARDING  MORE  THAN
 ONE  BUILDING UNDER THE SAME OWNERSHIP, THE COURT SHALL, IF PRACTICABLE,
 APPOINT A COMMON RECEIVER FOR ALL SUCH BUILDINGS AND, IF FILED AS  SEPA-
 RATE  ACTIONS, MAY CONSOLIDATE SUCH PETITIONS AND TREAT THEM AS A SINGLE
 ACTION.
   (B) A HEARING SHALL BE HELD ON SUCH ORDER NO  LATER  THAN  SEVENTY-TWO
 HOURS  AFTER  ITS  ISSUANCE  OR THE FIRST COURT DAY THEREAFTER. THE SOLE
 PURPOSE OF SUCH A HEARING SHALL BE TO  DETERMINE  WHETHER  THERE  IS  AN
 AMOUNT  OWED  BETWEEN  THE  OWNER AND THE UTILITY CORPORATION. THE COURT
 SHALL MAKE A DETERMINATION OF ANY AMOUNT DUE AND ANY  AMOUNT  SO  DETER-
 MINED  SHALL  CONSTITUTE A LIEN UPON THE REAL PROPERTY OF SUCH OWNER. IF
 AFTER DETERMINATION OF ANY AMOUNT  DUE  BY  THE  COURT  THE  OWNER,  THE
 BUILDING'S  LESSOR,  MANAGER,  OR  THEIR AGENT PETITIONS THE COURT TO BE
 PERMITTED TO PAY SUCH AMOUNTS, THE COURT MAY, IN LIEU  OF  APPOINTING  A
 RECEIVER,  ISSUE  AN ORDER PERMITTING SUCH OWNER, THE BUILDING'S LESSOR,
 MANAGER, OR AGENT TO REPAY  THE  AMOUNTS  DUE  THE  PETITIONING  UTILITY
 CORPORATION  WITHIN  A  TIME FIXED BY THE COURT. IF AT THE TIME FIXED IN
 THE ORDER THE AMOUNTS HAVE NOT BEEN REPAID, THE COURT SHALL APPOINT SUCH
 RECEIVER. SUCH LIEN SHALL INCLUDE:
 A. 8712--B                          8
 
   (I) THE NAME AND ADDRESS OF THE  UTILITY  CORPORATION,  INCLUDING  ANY
 DOING BUSINESS AS NAME OR THE CORPORATION;
   (II) THE NAME AND ADDRESS OF THE CORPORATION'S ATTORNEY, IF ANY;
   (III) THE NAME OF THE OWNER OF THE REAL PROPERTY OR PROPERTIES AGAINST
 WHICH SUCH UNPAID UTILITY BILLS EXIST;
   (IV) THE AMOUNT UNPAID TO THE LIENOR FOR SUCH ARREARAGE; AND
   (V)  THE  PROPERTY  OR  PROPERTIES SUBJECT   TO   THE   LIEN,   WITH A
 DESCRIPTION THEREOF SUFFICIENT FOR IDENTIFICATION; AND IF IN A  CITY  OR
 VILLAGE, THE PROPERTY OR PROPERTIES LOCATION(S) BY STREET AND NUMBER.
   SUCH  LIEN  SHALL BE FILED   IN   THE   CLERK'S  OFFICE  OF THE COUNTY
 WHERE THE PROPERTY OR PROPERTIES IS SITUATED. IF SUCH PROPERTY OR  PROP-
 ERTIES  IS  SITUATED IN   TWO   OR   MORE  COUNTIES,  SUCH LIEN SHALL BE
 FILED IN THE OFFICE OF THE CLERK OF EACH OF SUCH COUNTIES.
   (C) AS SOON AS PRACTICABLE, BUT  NO  MORE  THAN  TEN  DAYS  AFTER  THE
 RECEIPT  OF  THE  ORDER  OF  APPOINTMENT OF SUCH RECEIVER, SUCH RECEIVER
 SHALL PROVIDE WRITTEN NOTICE TO ALL OCCUPANTS OF THE BUILDING OR  BUILD-
 INGS,  DELIVERED  SEPARATELY  TO  EACH  DWELLING  UNIT, STATING THAT THE
 RECEIVER HAS BEEN AUTHORIZED TO COLLECT ALL RENTS OR  PAYMENTS  FOR  USE
 AND  OCCUPANCY  OR  COMMON  CHARGES, AS DEFINED IN SECTION THREE HUNDRED
 THIRTY-NINE-E OF THE REAL PROPERTY LAW DUE FROM SUCH OCCUPANT  AND  THAT
 THE  OWNER, THE BUILDING'S LESSOR, MANAGER, OR THEIR AGENT IS PROHIBITED
 FROM COLLECTING SUCH RENTS OR PAYMENTS FOR USE AND OCCUPANCY, OR  COMMON
 CHARGES.  THE  NOTICE  SHALL  ADDITIONALLY  BE SENT TO THOSE OUTLINED IN
 PARAGRAPH (C) OF SUBDIVISION ONE OF  THIS  SECTION.  SUCH  NOTICE  SHALL
 INCLUDE  THE  ADDRESS  TO  WHICH PAYMENTS ARE TO BE MADE AND THE CONTACT
 INFORMATION WITH WHICH THE  RECEIVER  WILL  BE  CONTACTED,  WHICH  SHALL
 INCLUDE  AT  A  MINIMUM A TELEPHONE NUMBER. THE NOTICE SHALL BE IN CLEAR
 AND UNDERSTANDABLE LANGUAGE AND PROVIDED IN ANY LANGUAGE REQUIRED BY THE
 COMMISSION PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER, PROVIDED THAT
 ANY MORE EXPANSIVE LANGUAGE REQUIREMENT ESTABLISHED AS PART  OF  SETTLE-
 MENT  BETWEEN  THE  COMMISSION OR DEPARTMENT AND THE PETITIONER SHALL BE
 FOLLOWED. A COPY OF THE COURT ORDER APPOINTING THE RECEIVER AND  AUTHOR-
 IZING THE COLLECTION OF RENTS SHALL BE ATTACHED TO THE NOTICE.
   (D)  THE  RECEIVER  APPOINTED  BY THE COURT SHALL COLLECT ALL RENTS OR
 PAYMENTS FOR USE AND OCCUPANCY OR COMMON CHARGES  FORTHCOMING  FROM  THE
 OCCUPANTS  OF  THE  BUILDING  OR  BUILDINGS  IN QUESTION IN PLACE OF THE
 OWNER, THE BUILDING'S LESSOR, MANAGER, OR ANY  AGENT.  THE  COURT  SHALL
 AUTHORIZE  THE RECEIVER TO UTILIZE SUCH COLLECTED RENTS OR PAYMENTS  FOR
 EXPENSES REASONABLY NECESSARY TO CONTINUE THE OPERATION  AND  MANAGEMENT
 OF  SUCH  BUILDING  OR  BUILDINGS,  MAKE REASONABLE REPAIRS, AND PROVIDE
 REASONABLE MAINTENANCE TO THE PREMISES AS DETERMINED BY THE COURT AND IN
 ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-FIVE-B OF THE  REAL  PROPERTY
 LAW,    THE REASONABLE COST OF WHICH, SHOULD SUCH ACTIONS NOT BE COVERED
 BY THE RENTS OR PAYMENTS RECEIVED, SHALL BE ADDED TO  THE  TOTAL  AMOUNT
 DUE  AND  OWING FROM THE OWNER. THE RECEIVER MAY ALSO PETITION THE COURT
 IN ORDER TO RECOVER AMOUNTS DUE AS DETERMINED  UNDER  PARAGRAPH  (B)  OF
 THIS SUBDIVISION AND CONTINUING CHARGES FOR SUCH GAS, ELECTRIC, OR STEAM
 SERVICE UNTIL ALL SUCH CHARGES AND OTHER COSTS HAVE BEEN PAID.
   (E)  THE RECEIVER SHALL PAY THE PETITIONER OR OTHER SUPPLIER FROM SUCH
 RENTS OR PAYMENTS FOR USE AND OCCUPANCY OR COMMON CHARGES FOR  ELECTRIC,
 GAS,  WATER,  OR STEAM, SUPPLIED ON AND AFTER THE DATE OF THEIR APPOINT-
 MENT. THE OWNER OR THEIR AGENT SHALL BE LIABLE FOR SUCH REASONABLE  FEES
 AND  COSTS DETERMINED BY THE COURT TO BE DUE TO THE RECEIVER, WHICH FEES
 AND COSTS MAY BE RECOVERED FROM THE RENTS OR PAYMENTS FOR USE AND  OCCU-
 PANCY  UNDER THE CONTROL OF THE RECEIVER, PROVIDED NO SUCH FEES OR COSTS
 SHALL BE RECOVERED UNTIL AFTER THE PAYMENT FOR  CURRENT  ELECTRIC,  GAS,
 A. 8712--B                          9

 WATER,  OR STEAM DELIVERY HAS BEEN MADE. ANY MONEYS FROM RENTAL PAYMENTS
 OR PAYMENTS FOR USE AND OCCUPANCY  OR  COMMON  CHARGES  REMAINING  AFTER
 PAYMENT  FOR  CURRENT ELECTRIC, GAS, STEAM AND WATER SERVICE DELIVERIES,
 FOR  EXPENSES REASONABLY NECESSARY TO CONTINUE THE OPERATION AND MANAGE-
 MENT OF SUCH BUILDING OR BUILDINGS AS DETERMINED BY  THE  COURT  AND  IN
 ACCORDANCE  WITH  SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY
 LAW, AND AFTER PAYMENT FOR REASONABLE COSTS AND FEES  TO  THE  RECEIVER,
 SHALL BE APPLIED TO ANY ARREARAGE FOUND BY THE COURT TO BE DUE AND OWING
 THE  PETITIONER  FROM  THE  OWNER OR THEIR AGENT FOR SERVICE PROVIDED TO
 SUCH BUILDING OR BUILDINGS. ANY MONEYS  REMAINING  THEREAFTER  SHALL  BE
 TURNED  OVER  TO  THE  OWNER,  THE  BUILDING'S LESSOR, MANAGER, OR THEIR
 AGENT. THE COURT MAY ORDER AN ACCOUNTING TO BE MADE AT SUCH TIMES AS  IT
 DETERMINES TO BE JUST, REASONABLE, AND NECESSARY.
   (F)  For  the  purposes  of  this section, the department charged with
 enforcing the multiple dwelling law shall  prepare  a  schedule  of  all
 multiple  dwellings  within its jurisdiction and shall provide a copy of
 such schedule to any water corporation subject to the provisions of this
 section. Such schedule shall be revised semi-annually and a revised copy
 provided to such corporation. Every county, and  every  municipality  to
 which  the multiple dwelling law does not apply, which county or munici-
 pality has compiled or hereafter may compile a listing of  all  multiple
 dwellings  within  its  jurisdiction  shall  make such listing available
 without charge to any water corporation providing service in such county
 or municipality.
   3. [Any water corporation which willfully fails  to  comply  with  the
 provisions  of this section shall be liable for a penalty of twenty-five
 dollars for each occupied unit of the multiple  dwelling  for  each  day
 during which service is unlawfully discontinued; provided, however, that
 when the only non-compliance with this section is failure to mail notice
 to each "Occupant" as required by clause (ii) of paragraph (c) of subdi-
 vision one above the penalty shall be twenty-five dollars for each occu-
 pied  unit  of  the multiple dwelling to which notice was not mailed for
 each day during which service is unlawfully discontinued.  An action  to
 recover  a  penalty  under this section may be brought by the counsel to
 the commission in any court of competent jurisdiction in this  state  in
 the name of the people of the state of New York. Any monies recovered in
 such  action  shall  be  paid to the state treasury to the credit of the
 general fund.
   4.] ANY RECEIVERSHIP ESTABLISHED PURSUANT TO SUBDIVISION TWO  OF  THIS
 SECTION  SHALL  BE  TERMINATED  BY  THE  COURT UPON ITS FINDING, THROUGH
 NOTIFICATION BY THE RECEIVER, THAT THE ARREARAGE WHICH WAS  THE  SUBJECT
 OF  THE  ORIGINAL  PETITION HAS BEEN SATISFIED, OR THAT THE BUILDING HAS
 BEEN SOLD AND THE  NEW  OWNER  HAS  ASSUMED  LIABILITY  FOR  PROSPECTIVE
 SERVICE  SUPPLIED BY THE PETITIONER. UPON THE COURT'S TERMINATION OF ANY
 RECEIVERSHIP ESTABLISHED PURSUANT TO SUBDIVISION TWO  OF  THIS  SECTION,
 THE RECEIVER SHALL PROVIDE WRITTEN NOTICE TO ALL OCCUPANTS OF THE BUILD-
 ING  OR BUILDINGS, DELIVERED IN THE SAME MANNER AS NOTIFICATION WAS SENT
 PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF  THIS  SECTION,  STATING
 THAT  THE  RECEIVERSHIP  HAS BEEN TERMINATED BY THE COURT AND THE OWNER,
 THE BUILDING'S LESSOR, MANAGER, OR THEIR AGENT IS  AGAIN  AUTHORIZED  TO
 COLLECT RENTS OR PAYMENTS FOR USE AND OCCUPANCY, OR COMMON CHARGES.
   4.  NOTHING IN THIS SECTION SHALL PREVENT THE PETITIONER FROM PURSUING
 ANY OTHER ACTION OR REMEDY IT MAY HAVE AGAINST THE OWNER OR THEIR AGENT.
   5. NOTHING IN THIS SECTION SHALL PREVENT AN  ACTION  BY  A  TENANT  OR
 TENANTS  FROM  PURSUING  ANY  OTHER  ACTION  OR REMEDY AVAILABLE TO THEM
 A. 8712--B                         10
 
 AGAINST THE OWNER OR THEIR AGENT, OR LIMIT ANY PROVISION OF LAW  PROVID-
 ING FOR THE PROTECTION OR RIGHTS OF A TENANT IN REGARDS TO EVICTION.
   6.  ANY  OWNER  OR  AGENT  OF  SUCH  OWNER WHO COLLECTS OR ATTEMPTS TO
 COLLECT ANY RENT OR PAYMENT FOR USE AND OCCUPANCY FROM ANY OCCUPANT OF A
 BUILDING SUBJECT TO AN ORDER APPOINTING A RECEIVER MAY BE  FOUND,  AFTER
 DUE NOTICE AND HEARING, TO BE IN CONTEMPT OF COURT.
   7.  Any person who willfully interferes with the posting of the notice
 specified in [clause] SUBPARAGRAPH (i) of paragraph (c)  of  subdivision
 one,  SUBDIVISION  TWO, AND SUBDIVISION THREE [above] OF THIS SECTION by
 any water corporation OR AGENT OF THE COURT, willfully defaces or  muti-
 lates  any  such  notice,  or  willfully removes the same from the place
 where it is posted by such company OR COURT  AGENT  prior  to  the  date
 specified  therein  for  the  [discontinuance of service] NOTICE TO SEEK
 LIEN, ORDER TO SHOW CAUSE, OR NOTICE OF TERMINATION OF RECEIVER shall be
 guilty of a violation and, upon conviction, shall be punished by a  fine
 not exceeding twenty-five dollars.
   [5.  The  commission  shall  maintain  rules  and  regulations for the
 payment by tenants of utility bills for  water  service  in  a  multiple
 dwelling  to  which  this  section  applies  where the owner of any such
 multiple dwelling, or the person, firm or corporation to whom  or  which
 the  last  preceding  bill  has  been rendered or from whom or which the
 utility has received payment therefore, has failed to pay  such  utility
 bills. Such rules and regulations shall (i) provide that utility service
 may  not  be  discontinued  to any such multiple dwelling as long as the
 tenants continue to make timely payments in accordance with  established
 procedures;  (ii)  include designation of an office to advise tenants of
 the rights and procedures available pursuant to  such  rules  and  regu-
 lations;  (iii)  assure  that tenants shall not be liable for bills more
 than two months in arrears; and (iv) require the commission  upon  peti-
 tion  of twenty-five percent of the tenants of such multiple dwelling to
 meet with representatives of such tenants and the owner, person, firm or
 corporation to whom or which the last preceding bill has  been  rendered
 or from whom or which the utility has received payment therefore.]
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.