NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9847
SPONSOR: Perry TITLE OF BILL: An act to amend the real property law, in relation to
enacting the roomers' rights protection act
PURPOSE:
To establish and provide certain tenant rights to roomers including
prohibiting landlords that lease individual rooms to roomers where util-
ity services are shared from forcing a roomer to put the utilities in
his or her name.
SUMMARY OF PROVISIONS:
Section 1 provides that the act shall be known as "Roomers' Rights
Protection Act."
Paragraph 1 of section 2 of the bill adds § 231-b to the real property
law to require that landlords who lease individual rooms to roomers
where utility services are shared will be required to:
a. place all utility meters in the landlords name;
b. enter into individual leases with each roomer; and
c. provide the roomer with the names and contact for each utility
service providing service to their premises.
Paragraph 2 requires that where services are shared, the landlord shall
not require the roomer to put the meter in their name and that the cost
of the utility is deemed included in the rent.
Paragraph 3 prohibits a tenant from being required to waive any right to
a trial by jury or any other legal right they would be entitled to as a
tenant, should they become involved in a proceeding against the land-
lord. This paragraph also allows a tenant who is successful in a lawsuit
against the landlord to request an award of attorney's fees and other
costs.
Section 3 of the bill provides that the bill goes into effect on the
90th day after it shall have become a law.
JUSTIFICATION:
In many cases where roomers rent a room but share common living areas,
it has become regular practice for landlords to require one of the room-
ers to put the utility meter in his or her name, and the roomer often
feels forced to do so as a condition of his or her lease. When one room-
er puts a shared meter for a utility in his or her name, the other room-
ers, usually on a personal honor system, agree to pay to that person
their share of the utility bill. However, the roomer who has the utili-
ty bill in his or her name assumes legal responsibilities for making the
payments and, in instances where one or more of the other roomers fail
to pay his or her share of the utility bill, the roomer with the utility
bill in his or her name is stuck with the bill and faces the unfair
burden of either paying another's share of the utility bill or risk
defaulting on the utility bill and potentially harming his or her cred-
it, or worse.
While signing separate leases holds the individual renter legally
responsible for the cost of rent, under current practice the utility
company is legally able to and often pursues collection from the renter.
Requiring a landlord to place a utility under his or her name makes
certain that one roomer does not have to take the responsibility for
services provided to other renters.
A roomer, in order to meet his or her need for affordable housing,
should not have to waive his or her rights to a trial by jury, or any
other legal right they have as a tenant. The rights of tenants to
recover any costs they incur in court proceedings to force a landlord to
respect the tenants' rights is an important right that should not be
exchangeable for access to housing. This law tells the landlord that
violating a tenants rights comes with a cost. Enactment of this bill
will provide protection to a growing class of young New Yorkers in a
housing market that makes finding individual apartments financially
unaffordable.
LEGISLATIVE HISTORY:
None
FISCAL IMPACT ON THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
