Cal. Civ. Code § 238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies
Operative Text
§ 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.
N.Y. Real Prop. Law § 238 addresses a practice in which building owners or their agents would grant exclusive or preferential access to vendors of fuel, ice, or food in exchange for money or other value. The law declares such arrangements void as against public policy and makes both the property-side participant and the vendor-side participant who pays for such a privilege guilty of a misdemeanor. Corporations found in violation face a fine ranging from fifty to one thousand dollars. Separately, a tenant who receives deliveries from a vendor that paid for such access has the right to sue that vendor directly for a civil penalty of two hundred and fifty dollars.
Plain English — not legal advice.
Under N.Y. Real Prop. Law § 238, property owners, prospective owners, and their agents are prohibited from entering into any agreement that grants a fuel, ice, or food vendor exclusive or preferential selling access to building occupants in exchange for money, property, or anything of value. A compliant operator generally avoids any arrangement—formal or informal—that ties vendor access to compensation flowing to the owner or management side. Violations expose the owner or agent to misdemeanor liability, and corporate violators face statutory fines, making awareness of this provision an important part of property management practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 238 gives occupants of apartment houses, tenements, or bungalow colonies a concrete civil remedy: a tenant who has been sold or delivered fuel, ice, or food by a vendor that paid for the privilege of that access may bring a civil action against that vendor to recover a two-hundred-and-fifty-dollar penalty. This right exists independently of any criminal enforcement and can be pursued in a court of competent jurisdiction. Tenants who believe a vendor arrangement at their building may implicate § 238 can explore their options by contacting a tenant-rights organization or consulting with an attorney familiar with New York housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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