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


Latest version.
  • 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.