Bill Text: NY S01231 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01231 Detail]

Download: New_York-2013-S01231-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1231
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       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:
    1    Section 1. Legislative findings and  intent.  The  legislature  hereby
    2  finds that deeming by owners of charges to residential tenants for elec-
    3  tric  service  to  be  rent  is not in the public interest and should be
    4  prohibited.
    5    S 2.  The public service law is amended by adding a new  section  75-a
    6  to read as follows:
    7    S  75-A.  DEFENSE  IN  CASE OF CHARGES FOR RESIDENTIAL UTILITY SERVICE
    8  DEEMED TO BE RENT. IN AN ACTION OR PROCEEDING BROUGHT IN ANY  COURT  FOR
    9  POSSESSION  OF  REAL PROPERTY BY REASON OF UNPAID CHARGES CLAIMED BY THE
   10  OWNER OR HIS OR HER AGENT FOR UTILITY SERVICE,  IF  IT  IS  ALLEGED  AND
   11  ESTABLISHED  THAT  CHARGES FOR UTILITY SERVICE TO ANY RESIDENTIAL TENANT
   12  ARE DEEMED TO BE RENT UNDER THE TERMS OF ANY  ARRANGEMENT  OR  AGREEMENT
   13  RELATING  TO  RENTAL  OF RESIDENTIAL PROPERTY, NO RECOVERY OF POSSESSION
   14  SHALL BE HAD THEREIN, AND THE FACT THAT CHARGES FOR UTILITY SERVICE  FOR
   15  RESIDENTIAL  USE  ARE  DEEMED  TO BE RENT SHALL BE A COMPLETE DEFENSE TO
   16  SUCH ACTION.
   17    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01817-01-3