Assembly Bill A2365

2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A2365 (ACTIVE) - Details

See Senate Version of this Bill:
S3598
Current Committee:
Assembly Codes
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
2015-2016: A5279, S7991
2017-2018: A655, S5041
2021-2022: S3165
2023-2024: S377

2019-A2365 (ACTIVE) - Summary

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

2019-A2365 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2365
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 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.
   §  2.   The public service law is amended by adding a new section 75-a
 to read as follows:
   § 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.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06941-01-9

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