N.Y. Comp. Codes R. & Regs. tit. 16 § 11.7

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

Section 11.7 - Service to entire multiple dwellings

(a) No utility shall terminate, disconnect or suspend service to an entire dwelling (as defined in the Multiple Dwelling Law or the Multiple Residence Law) where the owner, person, firm or corporation to whom or which the last preceding bill has been rendered, or from whom or which the utility has received payment therefor, has failed to pay such utility bills, until it has complied with the following procedures:

(1) The utility shall give 15 days' written notice of its intention to so terminate, disconnect or suspend by personally serving such notice on the owner of the premises affected or on the person, firm or corporation to whom or which the last preceding bill was rendered, or from whom or which the utility has received payment therefor, and on the superintendent or other person in charge of the building, if it can be readily ascertained that there is such superintendent or other person in charge.

(2) The utility shall give 18 days' written notice to the owner, person, firm or corporation specified in paragraph (1) of this subdivision if such notice is mailed in a postpaid wrapper to the address of such person, firm or corporation.

(3) In addition to the notice prescribed by paragraphs (1) and (2) of this subdivision, 15 days' written notice shall be posted in the public areas of such multiple dwelling, and 18 days' notice shall be mailed to the occupant of each unit in that multiple dwelling, to the local health officer and director of the social services district for the political subdivision in which the multiple dwelling is located; if the multiple dwelling is located in a city or village, to the mayor thereof; or if there be none, to the manager; or, if the multiple dwelling is located in a town, then to the town supervisor; and to the county executive of the county in which the multiple dwelling is located; or if there be none, then to the chairman of such county's legislative body; and, if the multiple dwelling is located in New York City, to the Department of Housing Preservation and Development. Notice to mayors, managers, town supervisors, county executives and chairmen of county legislatures may be mailed to the persons specified therein or to their designees. Notice to health officers, directors of social services, mayors, managers, supervisors, county executives and chairmen of county legislatures shall be repeated not more than four working days nor less than two working days prior to such termination, disconnection or suspension.

(4) During the cold weather period, defined in section 11.5(c)(2) of this Part, a utility intending to terminate, disconnect or suspend heat-related service, as that term is defined in section 11.5(c)(1) of this Part, to an entire multiple dwelling shall provide the written notices required under paragraphs (1)-(3) of this subdivision not less than 30 days before the intended termination, disconnection or suspension.

(5) Whenever a notice of intention to terminate, disconnect or suspend service has been made pursuant to the provisions of this section and obligations owed the utility have been satisfied, the utility shall notify, in the same manner as it gave such notice of intention, the occupant of each unit that the intention to terminate, disconnect or suspend service no longer exists.

(b) Notwithstanding the provisions contained in subdivision (a) of this section, no utility shall terminate, disconnect or suspend services to a multiple dwelling, where the owner, person, firm or corporation responsible for making payment fails to pay utility bills, as long as occupants of such multiple dwellings continue to make timely payments for such service in accordance with procedures filed by the utility and approved by the Public Service Commission. All notices referred to in subdivision (a) of this section shall contain the intended date of discontinuance of service and a utility contact, including a telephone number, who will advise occupants of the amount due for service and who will arrange meetings with occupants to attempt to work out a mechanism for avoiding termination, disconnection or suspension of service in the event that the owner continues to fail to make requisite payments or arrangements for such payments. The notice shall inform occupants that they may seek the assistance of the commission or its authorized designee in negotiating an agreement with the utility to prevent termination, disconnection or suspension. The notice shall also refer to the provisions contained in subdivision (1) of section 235-a of the New York Real Property Law authorizing occupants to set off, against their rent, payments to utilities in such circumstances.

(c) A utility following the procedure outlined in subdivision (b) of this section, may require occupants in a multiple dwelling to pay no more than the current charges incurred by the owner, person, firm or corporation to whom or which the last preceding bill has been rendered or from whom or which the utility has received payment therefor. A current charge for purposes of this section means the amount properly billed the owner, etc., for utility service used during the most recent service billing period covered by the first bill rendered on or after the date when the termination, disconnection or suspension notice is issued. The current charges will not include any arrears for earlier billing periods that may appear on such a bill.

(d) If occupants in a multiple dwelling find they are unable to reach an agreement with the utility to avoid termination, disconnection or suspension of service, they may contact the authorized designees of the commission. After such a request is received, an authorized designee will attempt to work out such an agreement and will, if necessary, arrange a meeting with occupant representatives, the utility, and the owner, person, firm or corporation responsible for making payment for service; provided, however, that such a meeting will be required only if the authorized designee receives a written petition signed by at least 25 percent of the occupants in a multiple dwelling.

(e) The authorized designee may stay a threatened termination, disconnection or suspension of service to an entire multiple dwelling where it concludes that good faith efforts are being made by the occupants to arrange for the payment of current bills.

(f) Section 11.4(a)(4)-(8) of this Part shall be applicable with respect to the termination, disconnection or suspension of service to entire multiple dwellings.

(g)

(1) Special rules for multiple dwellings in cities of more than one million people.

(i) During the cold weather period, defined in section 11.5(c)(2) of this Part, a utility intending to terminate, disconnect or suspend heat-related service, as that term is defined in section 11.5(c)(1) of this Part to an entire multiple dwelling located in a city of more than one million people shall, not less than 10 days prior to the earliest date termination, disconnection or suspension may occur, provide each occupant with a written notice, prepared or approved as to substance by the Public Service Commission or its staff, advising that if any occupant in the apartment has a serious illness or medical condition that would result in a serious impairment to health or safety by the loss of heat service he should immediately contact the New York City Heatline. The notice shall provide the address and telephone number of the heatline. An approved form of the notice is contained in Appendix A-4, infra.

(ii) Whenever, during the cold weather period, a utility is notified by the Human Resources Administration that a claim has been received that the loss of heat-related service is likely to result in a serious impairment to health or safety, it shall continue service to the building for a period not less than 15 business days from the date of the oral or written notification from the Human Resources Administration. A utility shall not thereafter terminate, disconnect or suspend heat-related service to the dwelling during the cold weather period unless it is informed by the Human Resources Administration that appropriate alternative arrangements to preclude a serious impairment to health or safety have been made or that the claim of serious impairment is without merit. A utility thereafter intending to terminate, disconnect or suspend service shall provide at least five days written notice to the occupants that heat-related service will be terminated, disconnected or suspended, and shall, if so notified by the Human Resources Administration, inform the individual of the finding of no serious impairment. Such notice shall state that any occupant may seek further review by the Public Service Commission.

(iii) If a utility is notified by the Human Resources Administration that an occupant in a multiple dwelling where the heat-related service has been terminated, disconnected or suspended by the utility is likely to suffer a serious impairment to health or safety, it shall reconnect heat-related service and continue such service as provided for in subparagraph (ii) of this paragraph.

(2) Special rules for multiple dwellings outside cities of more than one million people.

(i) During the cold weather period, defined in section 11.5(c)(2) of this Part, a utility intending to terminate, disconnect or suspend heat-related service, as that term is defined in section 11.5(c)(1) of this Part, to an entire multiple dwelling located outside a city of more than one million people shall, not less than 10 days prior to the earliest date termination, disconnection or suspension may occur, provide each occupant with a written notice, prepared or approved as to substance by the pubic [public] Service Commission or its staff, advising the occupant that if any occupant in his apartment has a serious illness or medical condition that is likely to result in a serious impairment to health or safety by the loss of heat service he should immediately contact the utility. The notice shall provide the name and telephone number of a utility contact person. An approved form of the notice is contained in Appendix A-5, infra. Whenever an occupant so notifies a utility, the utility shall forthwith conduct an on-site interview for the purpose of ascertaining whether the occupant is likely to suffer a serious impairment to health or safety. A utility shall refer cases of likely serious impairment to the local department of social services and request the agency to investigate the cases in accordance with established procedures.

(ii) A utility referring a likely impairment case to the Department of Social Services shall continue heat-related service to the multiple dwelling or otherwise provide heat to the person likely to suffer a serious impairment for at least 15 business days after the referral. A utility that has referred such a case shall not thereafter terminate, disconnect or suspend heat-related service to the dwelling during the cold weather period unless it otherwise provides heat to the person likely to suffer a serious impairment, or unless it is informed by the local department of social services that appropriate alternative arrangements to preclude a serious impairment to health or safety have been made or that the claim of serious impairment is without merit. A utility thereafter intending to terminate, disconnect or suspend service shall provide at least five days' written notice to the occupants that heat-related service will be terminated, disconnected or suspended, and shall, if so notified by the Department of Social Services, inform the individual of the finding of no serious impairment. Such notice shall state that any occupant may seek further review by the Public Service Commission.

(iii) If a utility is notified by the local department of social services that an occupant in a multiple dwelling where the heat-related service has been terminated, disconnected or suspended by the utility is likely to suffer a serious impairment to health or safety, it shall reconnect heat-related service, or otherwise provide heat to such person, and continue such service as provided for in subparagraph (ii) of this paragraph.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 11.7