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History
- Advanced to third reading
- 2nd report cal.
- 1st report cal.148
- Print number 5079b
- Amend and recommit to judiciary
- Referred to judiciary
- Print number 5079a
- Amend (t) and recommit to judiciary
- Referred to judiciary
Companion bill
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Allows heating oil dealers to place a lien on multi-dwelling and commercial property for an owner's failure to pay its bill for the value of delivered heating oil
In Assembly Committee · Judiciary · Sponsor Peter Abbate
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the lien law, in relation to including in the definition of "improvement" the furnishing or delivery of fuel oil or kerosene
Purpose
The bill would permit heating oil dealers. to seek recovery of monies owed to them for the delivery of heating fuel or kerosene to commercial properties or large apartment buildings through the filing of a lien to collect for past delivered fuel oil.
Summary of provisions
Section 1: Amends Lien Law section 2(4) to add to the definition of "improvement" the delivery of fuel oil or kerosene to a commercial real property or a large residential building. This provision would permit oil dealers to file a lien to collect for oil delivered to a commercial property or a residential building with 4 or more units. This "B" Print amendment clarified the provisions of this bill so that it will clearly only apply to commercial properties or large multi-unit residential properties.
Justification
The Lien Law is intended to protect the value of services rendered to real property. Heating oil dealers provide a crucial service to commercial buildings and apartment buildings that use heating oil or kerosene as a· source of heat, hot water, or for forms of energy or power. Frequently, heating oil dealers are unable to collect monies owed from commercial buildings for delivered heating oil either as a result of the transfer of ownership of a building or because the costs of recovery amounts owed through court proceedings outweigh the value of the monies owed. As a result, heating oil dealers are often denied remuneration for that fuel that they provide to nonpaying buildings. The shortfalls experienced by heating oil dealers, as a result of nonpayment, can lead to higher heating costs for customers that do pay for their fuel oil bills. By allowing heating oil dealers to file a lien for oil delivered the legislation would correct the inequity created by the nonpayment by commercial building owners. Further, it will give oil dealers the ability to collect old past due oil bills particularly when the building is sold to a new owner.
Prior legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect January 1 of the year next succeeding the date in which it was signed into law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.