S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3524
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2021
                                ___________
 
 Introduced  by M. of A. RODRIGUEZ, WALKER -- Multi-Sponsored 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
 three of this chapter, and (b) at least  fifty-five  degrees  Fahrenheit
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03025-01-1

 A. 3524                             2
 
 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.