The Regulatory Shift: New York's Five-Bill Push to Transform Utility Billing

Clayton EreksonJanuary 25, 2026

Key Takeaways

  • S4336 would force utilities to share average monthly billing history with prospective tenants — informed consent before lease signing.
  • S8735 (the Billing Transparency Act) would require itemized monthly breakdowns of every infrastructure charge, credit, and surcharge.
  • S8915 would cap residential electricity rate increases at 2.5% annually — the most restrictive rate limit proposed in any state this session.
  • S9080 would block utility shutoffs for elderly residents paying 5-15% of monthly income in good faith.
  • S363A's junk fee framework combined with S8735's itemization would give New York tenants full upfront pricing and explained line items.

New York isn't waiting for a single sweeping bill to fix utility billing. Instead, the state legislature has five separate bills working through the system — each targeting a different piece of the utility cost puzzle. Together, they represent the most comprehensive state-level push for utility billing reform happening anywhere in the country right now.

This post is part of our Regulatory Shift series. For operators navigating compliance across multiple states, a modern utility billing platform builds the audit trails and transparency these bills demand.

Here's what each bill does, where it stands, and what it means for property operators.

S4336: Give Tenants Utility Cost Data Before They Sign

Senate Bill S4336 addresses a basic information gap: tenants often have no idea what utilities will cost until they've already signed a lease and received their first bill.

The bill would require gas and electric utilities to provide prospective tenants with average monthly billing information upon request — covering the life of the dwelling or the preceding two years. Privacy protections ensure the data is identified by address only, not by previous tenant name. The Public Service Commission would create the process and may assess a small fee, with tenants limited to five requests per calendar year.

Why it matters: This is about informed consent. A tenant choosing between two apartments should know that one averages $85/month in electric while the other averages $220. That information exists — utilities have it — but tenants currently can't access it.

Status: Passed the Senate. Awaiting Assembly approval, then to the Governor for signature.

S8735: The Billing Transparency Act

Senate Bill S8735, introduced by Senator Parker on January 7, 2026, would require every electric utility, energy services company, and municipality to provide itemized monthly billing breakdowns that clearly separate:

  • Infrastructure costs (transmission, distribution, maintenance)
  • Credits, surcharges, assessments, taxes, and adjustments

The bill mandates that utilities maintain WCAG AA-accessible websites explaining each charge type in plain language. It also requires quarterly reporting to the Public Service Commission on billing practices and customer complaints, giving the PSC audit and enforcement authority over billing transparency.

Why it matters: Most utility bills are indecipherable. This bill would force utilities to explain what they're charging and why — in language people can actually understand.

Status: In Committee on Energy and Telecommunications.

S8915: Capping Rate Increases

Senate Bill S8915, introduced by Senator May on January 15, 2026, is the most aggressive of the five. It would:

  • Cap residential electricity rate increases at 2.5% annually unless necessary for grid reliability and all cost savings have been exhausted
  • Trigger a mandatory 180-day pause and enhanced review for any proposed increase above 2.5%
  • Require itemized monthly breakdowns of infrastructure costs, NYPA surcharges, and renewable/efficiency charges
  • Establish a Utility Accountability and Audit Unit with subpoena power and the ability to impose treble damages
  • Create a Community Affordability Protection Program with credits for households at or below 80% of county median income
  • Bar utilities from recovering executive bonuses or shareholder dividends through ratepayer charges

Why it matters: This is rate control. If enacted, it would fundamentally change the economics of electricity in New York and limit how much cost gets passed through to tenants.

Status: In Committee on Energy and Telecommunications.

The 2.5% cap in S8915 is the most restrictive rate increase limit proposed in any state this session. For context, New York electricity rates increased an average of 8.3% in 2025.

S9080: Protecting Elderly Residents from Shutoffs

Senate Bill S9080, titled the "Protect Our Most Vulnerable Act," would prohibit utility companies and municipalities from disconnecting electric, gas, and water services to elderly customers who are making good-faith payments equal to 5-15% of their monthly income toward their utility bills.

The bill recognizes that some residents — particularly seniors on fixed incomes — will always struggle to pay utility bills in full, but that disconnection creates a far worse outcome than partial payment.

Why it matters: Utility shutoffs for elderly residents are a health and safety crisis, especially during extreme weather. This bill establishes a floor: if you're paying what you can afford, the lights stay on.

Status: In Committee.

S363A: The Junk Fee Prevention Act

Senate Bill S363A is the broadest of the five. The "New York Junk Fee Prevention Act" would require businesses to display the total price of goods and services inclusive of all mandatory fees. A "mandatory fee" is defined as any fee the consumer must pay, cannot reasonably avoid, or would reasonably expect to be included.

While not utility-specific, this bill directly impacts how rental housing costs — including utility pass-throughs — are presented to tenants. Hidden utility surcharges, processing fees, or administrative charges that aren't reflected in the advertised price would violate the law.

The bill passed the Senate 45-14 and has advanced to third reading.

Why it matters: Combined with S8735's billing transparency requirements, this would create a complete disclosure framework — tenants see the full cost upfront, and every line item on the bill is explained.

Status: Passed Senate 45-14. On Senate floor calendar for third reading.

Ready to take control of your utilities?

Talk to the Team

What This Means for New York Operators

These five bills aren't moving in isolation. They represent a coordinated legislative push toward a single goal: tenants should understand what utilities cost, how they're billed, and what protections exist when they can't pay.

If you operate multifamily properties in New York, here's what to prepare for:

  • Pre-lease utility disclosures may become standard (S4336). Build utility cost data into your leasing materials now.
  • Itemized billing is coming whether through legislation or market pressure (S8735). If your utility bills are a single line item, that's going to be a problem.
  • Rate pass-throughs could face new scrutiny if rate caps take effect (S8915). Operators who mark up utility charges should reconsider that practice.
  • All-inclusive pricing may be required for advertising (S363A). Review your listings and marketing materials for hidden fees.

None of these bills have become law yet. But the direction is clear, and the smartest operators are already adapting.


Sources: New York State Senate (S4336, S8735, S8915, S9080, S363A), LegiScan (S363A tracking).

Related Articles

Written by

Clayton Erekson

Chief Executive Officer

Co-founder of Vitality. On a mission to redefine the future of utility management.

Get ready for New York's five-bill transparency push.

VITALITY delivers the itemized, pre-lease-ready utility disclosures S4336, S8735, and S363A are pushing toward — before Albany makes them mandatory.

Talk to the Team