S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2417
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. RODRIGUEZ, BLAKE, ARROYO, WALKER -- Multi-Spon-
   sored by -- M. of A. COOK, SIMON -- read  once  and  referred  to  the
   Committee on Housing
 
 AN  ACT  to  amend  the multiple dwelling law and the multiple residence
   law, in relation to the collection of charges for  heat-related  resi-
   dential utility service

   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  assessment  and  collection  by multiple dwelling owners of
 separate charges for electricity, electric  service,  natural  gas,  and
 natural gas service or other fuel used to heat living quarters is not in
 the public interest and should be prohibited.
   §  2.  Subdivision  1  of  section 79 of the multiple dwelling law, as
 amended by chapter 225 of the laws  of  1982,  is  amended  to  read  as
 follows:
   1. Every multiple dwelling exceeding two stories in height and erected
 after  April eighteenth, nineteen hundred twenty-nine, and every garden-
 type maisonette dwelling project erected after April  eighteenth,  nine-
 teen  hundred  fifty-four,  shall  be  provided  with heat. On and after
 November first, nineteen hundred  fifty-nine,  every  multiple  dwelling
 shall  be  provided  with  heat or the equipment or facilities therefor.
 During the months between October first and May thirty-first, such  heat
 and  the  equipment  or  facilities  shall be sufficient to maintain the
 minimum temperatures required by local law,  ordinance,  rule  or  regu-
 lation,  in  all  portions  of  the dwelling used or occupied for living
 purposes provided, however, that such minimum temperatures shall  be  as
 follows:    (a)  sixty-eight degrees Fahrenheit during the hours between
 six o'clock in the morning and ten o'clock in the evening, whenever  the
 outdoor  temperature falls below fifty-five degrees Fahrenheit, notwith-
 standing the provisions of paragraph a of subdivision  four  of  section

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

                                                            LBD06943-01-9

 A. 2417                             2
 
 three  of  this  chapter, and (b) at least fifty-five degrees Fahrenheit
 during the hours between ten o'clock in the evening and six  o'clock  in
 the  morning, whenever the outdoor temperature falls below forty degrees
 Fahrenheit. Nothing in this section shall be deemed to relieve any owner
 of  the duty of providing centrally supplied or other approved source of
 heat prior to November first, nineteen hundred fifty-nine  in  any  case
 where such heat is required by this chapter or any other law, ordinance,
 rule  or regulation to be supplied in a dwelling prior to said date. The
 heating system in dwellings used for single room occupancy shall  be  in
 conformity  with  the requirements of section two hundred forty-eight OF
 THIS CHAPTER. NO OWNER OR AGENT OF ANY  OWNER  SHALL  SEPARATELY  CHARGE
 TENANTS  OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL GAS
 OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS.
   § 3. Section 173 of the multiple residence law, as amended by  chapter
 225 of the laws of 1982, is amended to read as follows:
   §  173. Heating. Every new dwelling shall be provided with heat in all
 living rooms sufficient to maintain the minimum temperatures required by
 local law, ordinances, rules or  regulation,  or  by  the  local  public
 health  officer, provided, however, that such minimum temperature shall,
 notwithstanding the provisions  of  subdivision  one  of  section  three
 hundred  twenty-nine  of this chapter, be sixty-eight degrees Fahrenheit
 during the hours between six o'clock in the morning and ten  o'clock  in
 the  evening  during  the  months  between October first and May thirty-
 first, whenever the outdoor temperature falls below  fifty-five  degrees
 Fahrenheit.  NO  OWNER  OR  AGENT  OF  ANY OWNER SHALL SEPARATELY CHARGE
 TENANTS OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL  GAS
 OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS.
   § 4. This act shall take effect immediately.