Bill Text: NY S07897 | 2021-2022 | 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) 2022-01-18 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S07897 Detail]

Download: New_York-2021-S07897-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7897

                    IN SENATE

                                    January 18, 2022
                                       ___________

        Introduced  by  Sen.  CLEARE -- 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    §  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-
    23  standing the provisions of paragraph a of subdivision  four  of  section
    24  three  of  this  chapter, and (b) at least fifty-five degrees Fahrenheit
    25  during the hours between ten o'clock in the evening and six  o'clock  in
    26  the  morning, whenever the outdoor temperature falls below forty degrees

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03025-01-1

        S. 7897                             2

     1  Fahrenheit. Nothing in this section shall be deemed to relieve any owner
     2  of the duty of providing centrally supplied or other approved source  of
     3  heat  prior  to  November first, nineteen hundred fifty-nine in any case
     4  where such heat is required by this chapter or any other law, ordinance,
     5  rule  or regulation to be supplied in a dwelling prior to said date. The
     6  heating system in dwellings used for single room occupancy shall  be  in
     7  conformity  with  the requirements of section two hundred forty-eight of
     8  this chapter. No owner or agent of any  owner  shall  separately  charge
     9  tenants  or occupants for any electricity, electric service, natural gas
    10  or natural gas service or other fuel utilized to heat living quarters.
    11    § 3. Section 173 of the multiple residence law, as amended by  chapter
    12  225 of the laws of 1982, is amended to read as follows:
    13    §  173. Heating. Every new dwelling shall be provided with heat in all
    14  living rooms sufficient to maintain the minimum temperatures required by
    15  local law, ordinances, rules or  regulation,  or  by  the  local  public
    16  health  officer, provided, however, that such minimum temperature shall,
    17  notwithstanding the provisions  of  subdivision  one  of  section  three
    18  hundred  twenty-nine  of this chapter, be sixty-eight degrees Fahrenheit
    19  during the hours between six o'clock in the morning and ten  o'clock  in
    20  the  evening  during  the  months  between October first and May thirty-
    21  first, whenever the outdoor temperature falls below  fifty-five  degrees
    22  Fahrenheit.  No  owner  or  agent  of  any owner shall separately charge
    23  tenants or occupants for any electricity, electric service, natural  gas
    24  or natural gas service or other fuel utilized to heat living quarters.
    25    § 4. This act shall take effect immediately.
feedback