N.Y. Comp. Codes R. & Regs. tit. 16 § 11.15

Current through Register Vol. 46, No. 45, November 2, 2024

Section 11.15 - Late payment and other charges

(a) Late payment charges. A utility may impose a one-time or continuing late payment charge, not in excess of 11/2 percent per month on the unpaid balance of any bill for service including any interest thereon, provided the utility:

(1) clearly shows on each bill the amount billed, whether any charge will be imposed for late payment, when the late payment charge becomes applicable, and the time period during which the bill may be paid without the imposition of the late payment charge;

(2) does not impose a late payment charge for any bill or portion thereof which is paid within 20 days of the date payment was due, according to the standard set forth in section 11.4(a)(3) of this Part;

(3) does not impose such charge on any bill that is the subject of a pending complaint before the utility or the commission; provided, however, that a late payment charge may be imposed on the balance due where the final resolution of the complaint directs payment of the entire disputed amount to the utility; and provided further, that no such charge may be imposed for more than two months of the pendency of the complaint unless authorized by the commission or its designee.

(b) Every utility shall offer residential customers on fixed incomes the opportunity to pay their bills on a reasonable schedule that is adjusted for such customer's periodic receipt of income without such customers incurring late payment charges; provided, however, that any such offer may prescribe a late payment charge, consistent with the standards set forth in subdivision (a) of this section, where payment is not made within 20 days of the scheduled due date.

(c) Other charges. Except as provided in subdivision (a) of this section, no utility may charge any residential customer a late payment charge, penalty, fee, interest or other charge of any kind for any late payment, collection effort, service termination, disconnection or suspension or deferred payment agreement occasioned by the customer's failure to make timely payment for services. Nothing in this section shall prohibit a utility from imposing a reasonable charge pursuant to its tariff or, where applicable, its agreement for commodity supply, for other lawful purposes.

Comment:A utility eligible to request suspension pursuant to PSL § 32(5) is prohibited from recovering from a residential customer any charge paid by said utility to the distribution utility for any costs associated with suspension or distribution service.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 11.15