Home/Bills/A 9160New York · 2025–2026 Legislative Session
Assembly BillIntroduced

A 9160: Allows a commercial tenant with a triple net lease to hold back rent if the landlord fails to pay the utility bill.

New York · Assembly · 2025–2026 Legislative Session · last verified January 8, 2026

What A 9160 does, verified January 8, 2026

The Commercial Tenant Protection Act aims to protect commercial tenants from having their utility services terminated due to the landlord's failure to pay utility charges. The tenant may hold back rent pro-rated for the amount of days the utilities are turned off if they have paid all outstanding rent and other charges to the landlord. A triple net lease is a type of lease that requires the tenant to pay all expenses, including real estate taxes, property insurance, operating expenses, rent, and utilities. The act applies to utility companies, public authorities, water-works corporations, and municipal water systems. The law takes effect 90 days after it becomes a law, and any necessary rules or regulations must be implemented within that timeframe.

Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: referred to judiciary (2026-01-07)Alert me
Quick answers about A 9160
What is the current status of A 9160?
As of January 8, 2026, A 9160 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "referred to judiciary".
Did A 9160 pass?
Not yet. A 9160 has been introduced and has not passed either house.
Who wrote A 9160, and where is it now?
A 9160 was authored by Asm. Patrick Carroll with 1 coauthor. Its committee of record is Assembly Judiciary.
Recent actions2 total · showing 2
Jan. 07, 2026referred to judiciary
Oct. 17, 2025referred to judiciary
Latest bill textIntroduced version, October 17, 2025 · 388 words
  
  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 
Text of A 9160 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions
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