§ 238 — Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies

New York § 238

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 7: Landlord and Tenant

Text

§ 238. Agreements or contracts for privileges to deal with occupants\nof tenements, apartment houses or bungalow colonies. 1. A contract,\nagreement or arrangement entered into or executed by and between the\nowner or prospective owner of an apartment house, tenement or what is\ncommonly known as a bungalow colony connected with common or joint means\nof ingress and egress, whether such apartment house, tenement or\nbungalow colony is in existence or in process of construction or to be\nconstructed in the future, or any person in possession or claiming\npossession of such apartment house, tenement or bungalow colony, or any\npart thereof, including the common or joint means of ingress or egress,\nor any of the agents, employees or servants of such an owner or\npossessors thereof and a dealer in or seller of fuel, ice or food, or\nhis agents, employees or representatives for the purpose of giving to\nsuch dealer or seller the privilege of selling or delivering fuel, ice\nor food, to the persons occupying or to occupy such apartment house,\ntenement or bungalow colony, or any part thereof, is against public\npolicy and void.\n 2. Any person who shall, directly or indirectly, either as the owner\nor prospective owner of such apartment house, tenement or bungalow\ncolony, or any part thereof, including the common or joint means of\ningress or egress, or as an agent, employee or servant of such an owner,\nor any person in possession or claiming possession of such apartment\nhouse, tenement or bungalow colony, or any part thereof, including the\ncommon or joint means of ingress or egress, accept any money, property\nor thing of value for permitting or giving to any person, or his agents,\nemployees or representatives, the privilege of selling or delivering\nfuel, ice or food, to the persons occupying or to occupy such apartment\nhouse, tenement or bungalow colony, or any part thereof, and any person\nwho shall, directly or indirectly, either as a seller of, or dealer in,\nfuel, ice or food, as an agent, employee, or representative of such\nseller or dealer, pay or give any money, property or thing of value, for\nsuch privilege shall be guilty of a misdemeanor. If a corporation is\nconvicted of a violation of this section, it shall be punished by a fine\nof not less than fifty nor more than one thousand dollars.\n 3. A person occupying an apartment house, tenement or bungalow colony,\nor any part thereof, to whom fuel, ice or food, shall be sold or\ndelivered by a seller or dealer who has paid or given any money,\nproperty or thing of value for the privilege of selling or delivering\nfuel, ice or food, to the persons occupying or to occupy such apartment\nhouse, tenement or bungalow colony, or any part thereof, may recover of\nsuch seller or dealer for his benefit a penalty, in the sum of two\nhundred and fifty dollars, in a civil action brought in a court of\ncompetent jurisdiction.\n