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S1233Senate2025-2026 Session

Landlords Must Provide Utilities

Official title

“Requires landlords to ensure rental properties are equipped with utility services prior to renting such properties”

Sponsor Rachel MaySD-48Affects Legal
Status
Stricken
Impact
6/10
Moderate
Passage
8%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill requires landlords to ensure rental properties have utility services before leasing, with penalties for noncompliance.

Why it matters

  1. Protects tenants from moving into unsafe or unlivable homes. by making it illegal for landlords to lease properties without working utilities (such as heat, water, and electricity), thereby reducing the risk of health hazards and legal disputes.

  2. Holds landlords more accountable. by tying compliance to existing criminal penalties under the penal law, meaning violations could have serious legal consequences, not just civil fines.

  3. Requires landlords to maintain continuous utility service between tenants. by enrolling in programs that automatically revert utility accounts to the landlord when a tenant moves out, minimizing the chance of utility shut-offs that could result in property damage or delays for new tenants.

  4. Limits the burden on landlords in areas where utility companies do not offer such "revert to owner" programs. , ensuring the law only applies where practical and available.

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Who cares

  • Rental property landlords

    The bill would bar renting properties without required code compliance and available utility services, with violations subject to penalties under Penal Law sections 145.15 and 145.20.

  • Residential tenants

    The bill would require landlords to ensure utility services are available before renting a dwelling.

  • Utility companies

    Where they offer programs that transfer utility accounts back to landlords and maintain service between tenants, the bill would require landlords to participate.

Headline styles

Landlords Must Provide Utilities

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Rachel May

Senator · Senate District 48

Chair, Consumer Protection

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Referred to judiciary
  3. Referred to judiciary

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1233

2025-2026 Regular Sessions

IN SENATE

January 8, 2025

Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the real property law, in relation to requiring landlords to ensure rental properties are equipped with utility services prior to renting such properties

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 235-b of the real property law is amended by adding a new subdivision 4 to read as follows:

4. The landlord shall not rent nor lease any property to a tenant or tenants unless such property is in compliance with the New York state uniform fire prevention and building code act described in article eighteen of the executive law, specifically that utility services are made available to such dwelling. A landlord's failure to be in compliance with such act prior to rental or lease of such property, shall result in penalties pursuant to sections 145.15 and 145.20 of the penal law.

§ 2. The real property law is amended by adding a new section 235-k to read as follows:

§ 235-k. Duty of landlord to keep utility services connected in between tenants. 1. A landlord shall participate in any voluntary program offered by the utility company that services their rented or leased property that would revert all utility accounts to the landlord's name and keep utility services connected in between tenants.

2. This section shall not apply if the utility company in the rented or leased property's area does not offer such a program.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03917-01-5

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the real property law, in relation to requiring land- lords to ensure rental properties are equipped with utility services prior to renting such properties

Purpose

To keep utility services connected in between tenants, and to hold land- lords accountable for not providing property utilities prior to renting.

Summary of provisions

Section one amends the real property law by adding a new subdivision, which states how a landlord shall not rent or release property to tenants unless such property is in compliance with the New York state uniform fire prevention and building code act. A landlord's failure to comply shall result in penalties pursuant to sections 145.15 and 145.20 of the penal law. The real property law is also amended by adding a section 235h, which states that a landlord must participate in any voluntary program offered by the utility company that revert all utility accounts to be under the landlord's name and keep utility services connected in between tenants.

Justification

Landlords need to be held accountable for letting utilities lapse while renting properties, especially during winter. In 2016, the owner of a building where fire from a candle killed a 13year-old girl allowed the apartment to be occupied without heat and electricity, according to Syracuse code officials. Landlords have a responsibility to provide livable conditions at the time a tenant moves in. For a tenant to occupy an apartment without heat or electricity during the coldest months of the year is unacceptable.

Legislative history

2023-2024: S.1060 (May)

2021-22: S.9270 (May) / A.3643 (Hunter)

2019-20: A.4946 (Hunter)

2017-18: A6819 (Hunter)

Fiscal implications

None

Effective date

Immediately

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.