§ 238. Agreements or contracts for privileges to deal with occupants
of tenements, apartment houses or bungalow colonies. 1. A contract,
agreement or arrangement entered into or executed by and between the
owner or prospective owner of an apartment house, tenement or what is
commonly known as a bungalow colony connected with common or joint means
of ingress and egress, whether such apartment house, tenement or
bungalow colony is in existence or in process of construction or to be
constructed in the future, or any person in possession or claiming
possession of such apartment house, tenement or bungalow colony, or any
part thereof, including the common or joint means of ingress or egress,
or any of the agents, employees or servants of such an owner or
possessors thereof and a dealer in or seller of fuel, ice or food, or
his agents, employees or representatives for the purpose of giving to
such dealer or seller the privilege of selling or delivering fuel, ice
or food, to the persons occupying or to occupy such apartment house,
tenement or bungalow colony, or any part thereof, is against public
policy and void.

2. Any person who shall, directly or indirectly, either as the owner
or prospective owner of such apartment house, tenement or bungalow
colony, or any part thereof, including the common or joint means of
ingress or egress, or as an agent, employee or servant of such an owner,
or any person in possession or claiming possession of such apartment
house, tenement or bungalow colony, or any part thereof, including the
common or joint means of ingress or egress, accept any money, property
or thing of value for permitting or giving to any person, or his agents,
employees or representatives, the privilege of selling or delivering
fuel, ice or food, to the persons occupying or to occupy such apartment
house, tenement or bungalow colony, or any part thereof, and any person
who shall, directly or indirectly, either as a seller of, or dealer in,
fuel, ice or food, as an agent, employee, or representative of such
seller or dealer, pay or give any money, property or thing of value, for
such privilege shall be guilty of a misdemeanor. If a corporation is
convicted of a violation of this section, it shall be punished by a fine
of not less than fifty nor more than one thousand dollars.

3. A person occupying an apartment house, tenement or bungalow colony,
or any part thereof, to whom fuel, ice or food, shall be sold or
delivered by a seller or dealer who has paid or given any money,
property or thing of value for the privilege of selling or delivering
fuel, ice or food, to the persons occupying or to occupy such apartment
house, tenement or bungalow colony, or any part thereof, may recover of
such seller or dealer for his benefit a penalty, in the sum of two
hundred and fifty dollars, in a civil action brought in a court of
competent jurisdiction.