N.Y. Real Property Law § 238: Agreements 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.