Assembly Bill A5279

2015-2016 Legislative Session

Relates to the collection of charges for residential utility service deemed to be rent

download bill text pdf

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Archive: Last Bill Status - On Floor Calendar

  • 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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2015-A5279 (ACTIVE) - Details

See Senate Version of this Bill:
S7991
Law Section:
Public Service Law
Laws Affected:
Add §75-a, Pub Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7353, S4748
2011-2012: A857, S1396
2013-2014: A961, S1231
2017-2018: A655, S5041
2019-2020: A2365, S3598
2021-2022: S3165
2023-2024: S377

2015-A5279 (ACTIVE) - Summary

Relates to the collection of charges for residential utility service deemed to be rent.

2015-A5279 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5279

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Energy

AN ACT to amend the public service law, in relation to the collection of
  charges for residential utility service deemed to be rent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings  and intent. The legislature hereby
finds that deeming by owners of charges to residential tenants for elec-
tric service to be rent is not in the  public  interest  and  should  be
prohibited.
  S  2.   The public service law is amended by adding a new section 75-a
to read as follows:
  S 75-A. DEFENSE IN CASE OF CHARGES  FOR  RESIDENTIAL  UTILITY  SERVICE
DEEMED  TO  BE RENT. IN AN ACTION OR PROCEEDING BROUGHT IN ANY COURT FOR
POSSESSION OF REAL PROPERTY BY REASON OF UNPAID CHARGES CLAIMED  BY  THE
OWNER  OR  HIS  OR  HER  AGENT FOR UTILITY SERVICE, IF IT IS ALLEGED AND
ESTABLISHED THAT CHARGES FOR UTILITY SERVICE TO ANY  RESIDENTIAL  TENANT
ARE  DEEMED  TO  BE RENT UNDER THE TERMS OF ANY ARRANGEMENT OR AGREEMENT
RELATING TO RENTAL OF RESIDENTIAL PROPERTY, NO  RECOVERY  OF  POSSESSION
SHALL  BE HAD THEREIN, AND THE FACT THAT CHARGES FOR UTILITY SERVICE FOR
RESIDENTIAL USE ARE DEEMED TO BE RENT SHALL BE  A  COMPLETE  DEFENSE  TO
SUCH ACTION.
  S 3. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00871-01-5

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