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

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

§ 238. Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies. 1. A contract, agreement or arrangement entered into or executed by and between the owner or prospective owner of an apartment house, tenement or what is commonly known as a bungalow colony connected with common or joint means of ingress and egress, whether such apartment house, tenement or bungalow colony is in existence or in process of construction or to be constructed in the future, or any person in possession or claiming possession of such apartment house, tenement or bungalow colony, or any part thereof, including the common or joint means of ingress or egress, or any of the agents, employees or servants of such an owner or possessors thereof and a dealer in or seller of fuel, ice or food, or his agents, employees or representatives for the purpose of giving to such dealer or seller the privilege of selling or delivering fuel, ice or food, to the persons occupying or to occupy such apartment house, tenement or bungalow colony, or any part thereof, is against public policy and void. 2. Any person who shall, directly or indirectly, either as the owner or prospective owner of such apartment house, tenement or bungalow colony, or any part thereof, including the common or joint means of ingress or egress, or as an agent, employee or servant of such an owner, or any person in possession or claiming possession of such apartment house, tenement or bungalow colony, or any part thereof, including the common or joint means of ingress or egress, accept any money, property or thing of value for permitting or giving to any person, or his agents, employees or representatives, the privilege of selling or delivering fuel, ice or food, to the persons occupying or to occupy such apartment house, tenement or bungalow colony, or any part thereof, and any person who shall, directly or indirectly, either as a seller of, or dealer in, fuel, ice or food, as an agent, employee, or representative of such seller or dealer, pay or give any money, property or thing of value, for such privilege shall be guilty of a misdemeanor. If a corporation is convicted of a violation of this section, it shall be punished by a fine of not less than fifty nor more than one thousand dollars. 3. A person occupying an apartment house, tenement or bungalow colony, or any part thereof, to whom fuel, ice or food, shall be sold or delivered by a seller or dealer who has paid or given any money, property or thing of value for the privilege of selling or delivering fuel, ice or food, to the persons occupying or to occupy such apartment house, tenement or bungalow colony, or any part thereof, may recover of such seller or dealer for his benefit a penalty, in the sum of two hundred and fifty dollars, in a civil action brought in a court of competent jurisdiction.