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.
feedback