Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 12, 2010 |
notice of committee consideration - withdrawn |
May 03, 2010 |
notice of committee consideration - requested |
Apr 19, 2010 |
print number 4748a |
Apr 19, 2010 |
amend and recommit to energy and telecommunications |
Jan 06, 2010 |
referred to energy and telecommunications |
Apr 27, 2009 |
referred to energy and telecommunications |
Senate Bill S4748
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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
Actions
Bill Amendments
2009-S4748 - Details
- See Assembly Version of this Bill:
- A7353
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Public Service Law
- Laws Affected:
- Add §75, Pub Serv L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1396, A857
2013-2014: S1231, A961
2015-2016: S7991, A5279
2017-2018: S5041, A655
2019-2020: S3598, A2365
2021-2022: S3165
2023-2024: S377
2009-S4748 - Sponsor Memo
BILL NUMBER: S4748 TITLE OF BILL : An act to amend the public service law, in relation to the collection of charges for residential utility service deemed to be rent PURPOSE OR GENERAL IDEA OF BILL : Bill would ban the deeming of charges for electric service provided by the landlord to residential tenants to be "rent". SUMMARY OF SPECIFIC PROVISIONS : This bill would establish the following provisions: * Amends section 75 of the public service law to allow that in any action or proceeding in any court for the collection of gas or electric charges or for the possession of real property by reason of an unpaid charge, if the charges for the utility are deemed to be rent under any arrangement or agreement related to the rental property this shall be a complete defense to the action; * Act taking effect immediately. JUSTIFICATION : The Public Service Commission has plenary jurisdiction over the sale or distribution of electric service under § 5.1. b of the public
2009-S4748 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4748 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations 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. Section 75 of the public service law is amended to read as follows: S 75. Defense in case of excessive charges for gas or electricity OR CHARGES FOR RESIDENTIAL UTILITY SERVICE DEEMED TO BE RENT. If it be alleged and established in an action OR PROCEEDING brought in any court for the collection of any charge for gas or electricity OR FOR POSSESSION OF REAL PROPERTY BY REASON OF UNPAID CHARGES CLAIMED BY THE OWNER OR HIS AGENT FOR UTILITY SERVICE, that a price has been demanded in excess of that fixed by the commission or by statute in the munici- pality wherein the action arose, OR 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 shall be had therein, but the fact that such excessive charges have been made OR 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. LBD10616-01-9
2009-S4748A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7353
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Public Service Law
- Laws Affected:
- Add §75, Pub Serv L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1396, A857
2013-2014: S1231, A961
2015-2016: S7991, A5279
2017-2018: S5041, A655
2019-2020: S3598, A2365
2021-2022: S3165
2023-2024: S377
2009-S4748A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4748A TITLE OF BILL : An act to amend the public service law, in relation to the collection of charges for residential utility service deemed to be rent PURPOSE OR GENERAL IDEA OF BILL : Bill would ban the deeming of charges for electric service provided by the landlord to residential tenants to be "rent". SUMMARY OF SPECIFIC PROVISIONS : This bill would establish the following provisions: * Creates section 75 -a of the public service law to allow that in any action or proceeding in any court for the collection of gas or electric charges or for the possession of real property by reason of an unpaid charge, if the charges for the utility are deemed to be rent under any arrangement or agreement related to the rental property this shall be a complete defense to the action; * Act taking effect immediately. JUSTIFICATION : The Public Service Commission has plenary jurisdiction over the sale or distribution of electric service under § 5.1.b of the public
2009-S4748A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4748--A 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations -- recommitted to the Committee on Energy and Telecommuni- cations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD10616-03-0
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