NY State Senate Bill 2025-S8118

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to judiciary

2025-S8118 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §235-a, RP L; amd §§33 & 116, Pub Serv L

2025-S8118 (ACTIVE) - Summary

Prohibits utility service terminations in multiple dwellings; authorizes utility companies to seek a lien against such multiple dwelling for the amount of unpaid utility bills.

2025-S8118 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8118

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property law and the public service law, in
relation to prohibiting utility service terminations in multiple dwell-
ings

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits utility service terminations in multiple dwellings.

 
SUMMARY OF PROVISIONS:

Section one amends subdivision 1 of section 235-a of the real property
law to address cases in which a residential tenant lawfully makes a
payment to a utility company for a water service which a landlord is
responsible for but has failed or refused to provide payment therefore
making such payment deductible from any future payment of rent.

Section two amends section 33 of the public service law on discontinua-

tion of residential utility service to multiple dwellings to allow
public utility companies or municipalities to commence an action against
the owner of the premises affected seeking a lien against such multiple
dwellings for the amount of such utility bills.

Section three amends section 116 of the public service law on discontin-
uation of water service to multiple dwellings to allow public utility
companies to commence an action against the owner of the premises
affected seeking a lien against such multiple dwellings for the amount
of such utility bills.

Section four sets forth the effective date.

 
JUSTIFICATION:

Tenants who are at risk of having their utility services terminated due
to their landlord's nonpayment and whose accounts are in their land-
lord's name are often left with very limited ability to dispute these
issues. For those living in multiple dwellings, they have the option of
forming a tenant's association to try and pay their utility provider
moving forward, however due to large numbers of tenants, language barri-
ers, etc. this has not been seen in practice.

Tenants are then unable to apply for financial assistance to help
restart service because the utility account is not in their name and are
often caught in the middle of their landlord and the utility providers.
Tenants who suffer from termination of utilities by their landlord's
non-payment are often low-income, families with children, elderly indi-
viduals, or those with disabilities. Under this bill, service termi-
nations to multiple dwellings would be prohibited and utility providers
or municipalities, in some cases, would be able to seek a judicial order
for liens on property for the total amount of utility bills due.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2025-S8118 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8118
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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

 S. 8118                             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.
 S. 8118                             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
 S. 8118                             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
 S. 8118                             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.

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Senate Bill S8118

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S8118 (ACTIVE) - Details

2025-S8118 (ACTIVE) - Summary

2025-S8118 (ACTIVE) - Sponsor Memo

2025-S8118 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8118

Share this bill

Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Judiciary Committee

2025-S8118 (ACTIVE) - Details

2025-S8118 (ACTIVE) - Summary

2025-S8118 (ACTIVE) - Sponsor Memo

2025-S8118 (ACTIVE) - Bill Text download pdf

Comments