S T A T E O F N E W Y O R K
________________________________________________________________________
9275
2025-2026 Regular Sessions
I N A S S E M B L Y
November 21, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the public service law, in relation to protecting
tenants whose landlord failed to timely pay utility payments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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 utility shall have
given [fifteen] A MINIMUM OF FORTY-FIVE days written notice of its
intention so to discontinue 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] A MINIMUM OF FORTY-FIVE days written notice
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13222-04-5
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shall be (i) posted in the public areas of such multiple dwelling EVERY
FIFTEEN DAYS, (ii) mailed to the "Occupant" of each unit in that multi-
ple dwelling A MINIMUM OF THREE TIMES EVERY FIFTEEN DAYS AT LEAST
FORTY-FIVE DAYS BEFORE A SCHEDULED TERMINATION, (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, (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, (VI) MAILED TO THE
TOWN SUPERVISOR AND THE TOWN CLERK OF THE TOWN IN WHICH THE MULTIPLE
DWELLING IS LOCATED, (VII) MAILED TO THE STATE ELECTED ASSEMBLY AND
SENATE DISTRICT OFFICES IN WHICH DISTRICT THE BUILDING IS LOCATED and
[(vi)] (VIII) mailed to the office of the New York state long term care
ombudsman, if the multiple dwelling is a residential health care facili-
ty as defined in subdivision three of section twenty-eight hundred one
of the public health law, an adult care facility as defined in subdivi-
sion 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), (VI) AND (VII) 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.
(d) GO DOOR TO DOOR A MINIMUM OF THREE TIMES IN SUCH BUILDING AND
PROVIDE IN-PERSON NOTICE TO ALL RESIDENTS NO LATER THAN SIXTY DAYS PRIOR
TO SUCH TERMINATION AND PROVIDE CERTIFIED DOCUMENTATION THAT SUCH
IN-PERSON NOTIFICATION WAS PROVIDED.
(E) 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.
(F) A UTILITY SHALL ATTEMPT TO CALL OR EMAIL THE OWNER OF THE PREMISES
AFFECTED A MINIMUM OF FIVE TIMES.
(G) IF THE OWNER OF AN AFFECTED PREMISES CANNOT BE FOUND SUCH UTILITY
SHALL SEARCH AT LEAST THREE PUBLICLY ACCESSIBLE RECORDS TO LOCATE THE
OWNER OF SUCH AFFECTED PREMISES OR THE ATTORNEY FOR THE OWNER WHICH
SHALL INCLUDE BUT NOT BE LIMITED TO:
(I) THE NEW YORK STATE ECOURTS SYSTEM;
(II) THE AUTOMATED CITY REGISTER INFORMATION SYSTEM;
(III) LOCAL LANDLORD REGISTRY PORTALS; AND
(IV) THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
ANNUAL REGISTRY.
(H) A UTILITY SHALL POST ITS EFFORTS TO COMPLY WITH THE PROVISIONS OF
THIS SUBDIVISION ON ITS ONLINE PUBLIC FACING WEBSITE, WHERE IT SHALL
HAVE DEDICATED AND SPECIFIC INFORMATION ONLINE FOR EACH SPECIFIC BUILD-
ING PURSUANT TO SECTION THIRTY-THREE-A OF THIS ARTICLE.
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
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intention, the occupant of each unit that the intention to discontinue
utility service no longer exists.
1-B. THE FORTY-FIVE-DAY TIMELINE TO DISCONTINUE GAS, ELECTRIC OR STEAM
SERVICE SHALL NOT START UNTIL A PUBLIC UTILITY COMPANY OR MUNICIPALITY
COMPLIES WITH PARAGRAPHS (A), (B), (G) AND (H) OF SUBDIVISION ONE OF
THIS SECTION.
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.
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] ONE HUNDRED dollars for each occu-
pied unit of the multiple dwelling for each day during which service is
unlawfully discontinued; provided, however, that when the only non-com-
pliance with this section is failure to mail notice to each "Occupant"
as required by [clause] SUBPARAGRAPH (ii) of paragraph (c) of subdivi-
sion one [above] OF THIS SECTION 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 discon-
tinued. 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 person who willfully interferes with the posting of the notice
specified in [clause] SUBPARAGRAPH (i) of paragraph (c) of subdivision
one [above] OF THIS SECTION by any gas, steam or electric corporation or
municipality, willfully defaces or mutilates any such notice, or will-
fully 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] ONE HUNDRED dollars. IF SUCH
NOTICE HAS BEEN TAMPERED WITH, CUSTOMERS SHALL BE PROVIDED WITH AN
EXTENSION OF AT LEAST FIFTEEN DAYS BEFORE TERMINATION.
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] ONE MONTH in arrears; and (d) require
the commission upon petition of [twenty-five] FIVE percent of the
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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 therefor.
6. (A) THE COMMISSION SHALL CREATE A STANDARD FORM FOR COMPLAINTS THAT
TENANTS SHALL UTILIZE TO ADVISE THE COMMISSION THAT A GAS, ELECTRIC OR
STEAM SERVICE IN A MULTIPLE DWELLING IS FAILING TO COMPLY WITH THE
PROVISIONS OF THIS SECTION.
(B) THE COMMISSION UPON RECEIVING A COMPLAINT PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION SHALL INITIATE AN INVESTIGATION TO DETERMINE IF
A GAS, ELECTRIC OR STEAM SERVICE IN A MULTIPLE DWELLING VIOLATED THE
PROVISIONS OF THIS SECTION. A GAS, ELECTRIC OR STEAM SERVICE IN A MULTI-
PLE DWELLING SHALL BE PROHIBITED FROM DISCONTINUING SUCH SERVICES DURING
THE PENDENCY OF SUCH INVESTIGATION.
7. (A) A TENANT SHALL HAVE A CAUSE OF ACTION AGAINST A UTILITY WHO
FAILS TO COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND ONE-B OF
THIS SECTION.
(B) IF ANY ACTION IS COMMENCED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE FINDER OF FACT, IN ITS DISCRETION, MAY AWARD INJUNCTIVE
RELIEF PREVENTING THE TERMINATION OF SUCH GAS, ELECTRIC OR STEAM SERVICE
FOR FAILING TO ACT WITH DUE DILIGENCE TO SUCH TENANTS.
§ 2. Subdivision 1 of section 37 of the public service law, as amended
by chapter 686 of the laws of 2002, is amended to read as follows:
1. No utility corporation or municipality shall terminate or refuse to
take all actions within such corporation or municipality's control and,
where applicable, consistent with the provisions of the agreement for
commodity service, if any, between the corporation and the customer,
provided such provisions are consistent with this article, to restore
service to a residential customer OR LANDLORD OF A MULTIPLE DWELLING (AS
DEFINED IN THE MULTIPLE DWELLING LAW OR THE MULTIPLE RESIDENCE LAW),
because of arrears owed the utility corporation or municipality, unless
the utility or municipality offers such customer a deferred payment
agreement for such arrears; provided, however, that a deferred payment
agreement under this article shall not be available to any customer who
the commission determines has the resources available to pay [his] SUCH
CUSTOMER'S bill, and provided further, however, that any such agreement
may provide for the customer to make a downpayment of the arrears,
provided that no such downpayment shall exceed one-half of the amount of
arrears or three months average billing, whichever is less. In addition,
the commission shall provide by regulation that (a) all deferred payment
agreements authorized by this article be fair and equitable, considering
the customer's financial circumstances; (b) that such agreements obli-
gate customers to make timely payment of current charges for service
together with payment of arrears during the pendency of the agreements;
that such agreements may be renegotiated and amended where the customer
can demonstrate that there have been significant changes in [his or her]
SUCH CUSTOMER'S financial circumstances which have arisen due to condi-
tions beyond the customer's control, and that, if the customer receives
a utility service by the receipt of portions of such service from each
of two or more utility corporations and is billed for such service
through a single bill, the payments pursuant to the deferred payment
agreement for current charges shall be allocated to each such utility
corporation based on the current charges owing to each and the payments
for arrears shall be allocated equitably on a pro-rata basis between
such utility corporations based on the amount of arrears owing to each.
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§ 3. The public service law is amended by adding a new section 33-a to
read as follows:
§ 33-A. LIMITED ACCESS TO UTILITY SERVICE STATUS FOR RESIDENTS OF
MULTIPLE DWELLINGS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH
PUBLIC UTILITY COMPANY OR MUNICIPALITY PROVIDING GAS, ELECTRIC OR STEAM
SERVICE TO A MULTIPLE DWELLING SHALL BE AUTHORIZED TO PROVIDE TO ANY
OCCUPANT OF SUCH MULTIPLE DWELLING, UPON REQUEST, THE FOLLOWING INFORMA-
TION:
(A) IN THE EVENT A UTILITY COMPANY PREPARES A TERMINATION NOTICE FOR A
MULTIPLE DWELLING ACCOUNT HELD BY A LANDLORD, SUCH UTILITY SHALL PROVIDE
INFORMATION WHETHER THE SAME LANDLORD OWNS OR MANAGES ANY OTHER MULTIPLE
DWELLING ACCOUNTS WITHIN ITS SERVICE TERRITORY;
(B) WHETHER THE UTILITY ACCOUNT ASSOCIATED WITH SUCH MULTIPLE DWELLING
IS CURRENT OR AT RISK OF DISCONTINUANCE DUE TO NONPAYMENT;
(C) THE SCHEDULED DATE, IF ANY, FOR THE DISCONTINUANCE OF SUCH SERVICE
PURSUANT TO SECTION THIRTY-THREE OF THIS ARTICLE;
(D) COPIES OF ANY WRITTEN NOTICE REQUIRED UNDER SECTION THIRTY-THREE
OF THIS ARTICLE THAT WAS POSTED OR MAILED TO THE MULTIPLE DWELLING; AND
(E) IF THE UTILITY ACCOUNT IS NO LONGER AT RISK OF TERMINATION AS THE
MATTER IS NOW RESOLVED.
2. A UTILITY COMPANY OR MUNICIPALITY PROVIDING THE INFORMATION
DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT BE DEEMED TO HAVE
BREACHED ANY CONFIDENTIALITY OBLIGATION OR PRIVACY REQUIREMENT APPLICA-
BLE TO UTILITY ACCOUNT INFORMATION, PROVIDED THAT NO INFORMATION IDENTI-
FYING THE ACCOUNT HOLDER OR ACCOUNT NUMBER SHALL BE DISCLOSED.
3. EACH UTILITY SHALL DESIGNATE AN EMPLOYEE WITHIN ITS CUSTOMER
SERVICE DEPARTMENT TO SERVE AS POINT-OF-CONTACT FOR TENANTS OF MULTIPLE
DWELLINGS SUBJECT TO SUBDIVISION ONE OF THIS SECTION. THE UTILITY SHALL
POST THE CONTACT INFORMATION FOR SUCH EMPLOYEE IN A CONSPICUOUS LOCATION
WITHIN THE PUBLIC AREAS OF ANY SUCH MULTIPLE DWELLING FOR WHICH SERVICE
IS AT RISK OF DISCONTINUANCE.
4. THE COMMISSION SHALL PRESCRIBE ANY RULES AND REGULATIONS NECESSARY
FOR THE IMPLEMENTATION OF THIS SECTION.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 5. 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 or
completed on or before such date.