Bill Text: NY S01228 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to the collection of charges for heat-related residential utility service.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01228 Detail]
Download: New_York-2013-S01228-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1228 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 Housing, Construction and Community Development 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: 1 Section 1. Legislative findings and intent. The legislature hereby 2 finds that assessment and collection by multiple dwelling owners of 3 separate charges for electricity, electric service, natural gas, and 4 natural gas service or other fuel used to heat living quarters is not in 5 the public interest and should be prohibited. 6 S 2. Subdivision 1 of section 79 of the multiple dwelling law, as 7 amended by chapter 225 of the laws of 1982, is amended to read as 8 follows: 9 1. Every multiple dwelling exceeding two stories in height and erected 10 after April eighteenth, nineteen hundred twenty-nine, and every garden- 11 type maisonette dwelling project erected after April eighteenth, nine- 12 teen hundred fifty-four, shall be provided with heat. On and after 13 November first, nineteen hundred fifty-nine, every multiple dwelling 14 shall be provided with heat or the equipment or facilities therefor. 15 During the months between October first and May thirty-first, such heat 16 and the equipment or facilities shall be sufficient to maintain the 17 minimum temperatures required by local law, ordinance, rule or regu- 18 lation, in all portions of the dwelling used or occupied for living 19 purposes provided, however, that such minimum temperatures shall be as 20 follows: (a) sixty-eight degrees Fahrenheit during the hours between 21 six o'clock in the morning and ten o'clock in the evening, whenever the 22 outdoor temperature falls below fifty-five degrees Fahrenheit, notwith- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01810-01-3 S. 1228 2 1 standing the provisions of paragraph a of subdivision four of section 2 three of this chapter, and (b) at least fifty-five degrees Fahrenheit 3 during the hours between ten o'clock in the evening and six o'clock in 4 the morning, whenever the outdoor temperature falls below forty degrees 5 Fahrenheit. Nothing in this section shall be deemed to relieve any owner 6 of the duty of providing centrally supplied or other approved source of 7 heat prior to November first, nineteen hundred fifty-nine in any case 8 where such heat is required by this chapter or any other law, ordinance, 9 rule or regulation to be supplied in a dwelling prior to said date. The 10 heating system in dwellings used for single room occupancy shall be in 11 conformity with the requirements of section two hundred forty-eight OF 12 THIS CHAPTER. NO OWNER OR AGENT OF ANY OWNER SHALL SEPARATELY CHARGE 13 TENANTS OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL GAS 14 OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS. 15 S 3. Section 173 of the multiple residence law, as amended by chapter 16 225 of the laws of 1982, is amended to read as follows: 17 S 173. Heating. Every new dwelling shall be provided with heat in all 18 living rooms sufficient to maintain the minimum temperatures required by 19 local law, ordinances, rules or regulation, or by the local public 20 health officer, provided, however, that such minimum temperature shall, 21 notwithstanding the provisions of subdivision one of section three 22 hundred twenty-nine of this chapter, be sixty-eight degrees Fahrenheit 23 during the hours between six o'clock in the morning and ten o'clock in 24 the evening during the months between October first and May thirty- 25 first, whenever the outdoor temperature falls below fifty-five degrees 26 Fahrenheit. NO OWNER OR AGENT OF ANY OWNER SHALL SEPARATELY CHARGE 27 TENANTS OR OCCUPANTS FOR ANY ELECTRICITY, ELECTRIC SERVICE, NATURAL GAS 28 OR NATURAL GAS SERVICE OR OTHER FUEL UTILIZED TO HEAT LIVING QUARTERS. 29 S 4. This act shall take effect immediately.