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A05355 Summary:

BILL NOA05355
 
SAME ASSAME AS S04132
 
SPONSORCymbrowitz
 
COSPNSRBarron
 
MLTSPNSR
 
Add 220-a, RP L
 
Prohibits landlords from including additional services in a tenant's base rent; provides that additional services include cable television, internet services, and garage usage.
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A05355 Actions:

BILL NOA05355
 
02/11/2019referred to housing
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A05355 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5355
 
SPONSOR: Cymbrowitz
  TITLE OF BILL: An act to amend the real property law, in relation to prohibiting land- lords from including additional services in a tenant's base rent   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to prohibit landlords from including the cost of nonessential services, such as cable TV or internet, as a condi- tion in lease agreement.   SUMMARY OF PROVISIONS: This bill would add a new section 220-a to the Real Property Law, which would include cable TV, internet services, and garage usage as "nones- sential services." This bill would prohibit landlords from including nonessential services as a condition of the lease agreement. This bill would allow nonessential services to be provided by a landlord if their tenant agrees to have such nonessential services. Any services provided in this manner and the terms of use shall be set forth in a written or oral agreement, which shall be a separate agreement from the primary lease agreement and shall not affect the validity or application of the primary lease agreement. Any agreement for nonessential services contained in a lease which requires payment shall be void as contrary to public policy. The provisions of this section shall not apply to build- ings with less than three dwelling units.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: Currently, landlords are permitted to include nonessential services such as internet or cable, in the price of rent, even in circumstances when the tenant does not require or want these services. Including additional rent costs for unwanted services could cause financial strain on tenants and their families. This bill would prohibit landlords from including these services as a condition of the lease agreement.   PRIOR LEGISLATIVE HISTORY: 2017-18: A.5775 - Ordered to third reading cal.409. 2016: A.3929 - Reported referred to Codes. 2015: A.3929 - Advanced to third reading. 2014: A.7404 - Advanced to third reading. 2013: A.7404 - Advanced to third reading. 2012: A.7322-A - Reported referred to Codes. 2011: A.7322-A - Amended and recommitted to Codes. 2010: A.7657-A Reported referred to Codes. 2009: A.7657 - Referred to Housing.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law, provided, however, that this act shall only apply to lease agreements signed on or after such effective date.
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A05355 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5355
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2019
                                       ___________
 
        Introduced  by  M. of A. CYMBROWITZ, BARRON -- read once and referred to
          the Committee on Housing
 
        AN ACT to amend the real property law, in relation to prohibiting  land-
          lords from including additional services in a tenant's base rent
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The real property law is amended by adding  a  new  section
     2  220-a to read as follows:
     3    §  220-a.  Base rent and nonessential services. 1. For the purposes of
     4  this section, "nonessential services" shall  include  cable  television,
     5  internet services and garage usage.
     6    2.  Landlords shall be prohibited from including nonessential services
     7  as a condition of leasing a dwelling in a primary written or oral  lease
     8  agreement.
     9    3.  Nonessential  services may be provided by landlords, if the tenant
    10  agrees to have such nonessential services. Any services provided in this
    11  manner and the terms of use shall be set forth  in  a  written  or  oral
    12  agreement,  which  shall  be a separate agreement from the primary lease
    13  agreement and shall not affect the validity or application of the prima-
    14  ry lease agreement.
    15    4. Any agreement provision contained in  a  lease  for  a  residential
    16  dwelling that requires payment for nonessential services as set forth in
    17  this section shall be void as contrary to public policy.
    18    5.  The  provisions  of this section shall not apply to buildings that
    19  contain less than three dwelling units.
    20    § 2. This act shall take effect on the ninetieth day  after  it  shall
    21  have  become a law, provided, however, that this act shall only apply to
    22  lease agreements signed on or after such effective date.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09544-01-9
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