New York A 9160: Relates to termination of utility service to a commercial tenant

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A09160 Summary:

BILL NOA09160 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORCarroll P

&nbsp

COSPNSRReyes

&nbsp

MLTSPNSR

&nbsp

Add §235-aa, RP L

&nbsp

Allows a commercial tenant with a triple net lease to hold back rent if the landlord fails to pay the utility bill.

Go to top A09160 Actions:

BILL NOA09160 

&nbsp

10/17/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA09160 Committee&nbspVotes:

Go to topA09160 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09160 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9160

 2025-2026 Regular Sessions

 IN ASSEMBLY

 October 17, 2025
 ___________

 Introduced by M. of A. P. CARROLL -- read once and referred to the
 Committee on Judiciary

 AN ACT to amend the real property law, in relation to termination of
 utility service to a commercial tenant

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

 1 Section 1. Short title. This act shall be known and may be cited as
 2 "the commercial tenant protection act".
 3 § 2. The real property law is amended by adding a new section 235-aa
 4 to read as follows:
 5 § 235-aa. Commercial tenant's right to offset payments. 1. In any case
 6 in which a utility company terminates service to a commercial tenant
 7 with a triple net lease due to the landlord's failure to pay one or more
 8 utility charges for the rented unit or units, and such tenant has fully
 9 paid all outstanding rent and other charges to the landlord, the tenant
 10 may hold back rent pro-rated for the amount of days the utilities are
 11 turned off.
 12 2. As used in this section:
 13 (a) "triple net lease" means a lease that requires the tenant to pay
 14 all expenses on a property, including real estate taxes, property insur-
 15 ance, and operating expenses, along with the cost of rent and utilities;
 16 and
 17 (b) "utility company" includes a utility company as defined in subdi-
 18 vision twenty-three of section two of the public service law, a public
 19 authority, a water-works corporation as defined in subdivision twenty-
 20 seven of section two of the public service law, and a municipal water
 21 system as prescribed in section eighty-nine-l of the public service law.
 22 § 3. This act shall take effect on the ninetieth day after it shall
 23 have become a law. Effective immediately, the addition, amendment and/or
 24 repeal of any rule or regulation necessary for the implementation of
 25 this act on its effective date are authorized to be made and completed
 26 on or before such effective date.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13854-01-5

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps