N.Y. Comp. Codes R. & Regs. tit. 16 § 11.32

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

Section 11.32 - Service to shared meter account

(a) A distribution utility may not disconnect service to an occupied building at the owner's request unless a new account will be opened and disconnection of the owner's shared meter account will not result in interruption of service.

(b) A distribution utility shall not disconnect service to a shared meter account for nonpayment unless it complies with the requirements of this section.

(1) The distribution utility shall give 15 days' written notice of its intention to disconnect service to a shared meter account by mailing a copy of the notice to the owner of the premises or to the recipient of the last preceding service bill, mailing or otherwise delivering a copy of the notice to each affected dwelling unit, and, when common areas of the building will be affected, and unless precluded by physical circumstances, posting a copy of the notice in a conspicuous place at or within the building.

(2) The notice shall provide the information required by section 11.4(a)(2)(i)- (iv) of this Part, state that there are special protections for occupants of premises receiving service through a shared meter account, that the department staff may be contacted for information and advice, and that subdivision (1) of section 235-a of the Real Property Law may authorize occupants of multiple dwellings who make utility payments to prevent disconnection of service on a shared meter account to deduct such payments from their rent.

(3) Any occupant who would be affected by disconnection of a shared meter account may prevent disconnection of service by paying the current charges for such service. An occupant who chooses to pay current charges shall not be liable for any future bills rendered for utility service through the shared meter. In the event of such payment, the utility that issues the bills shall continue to render all bills to the owner and to send a copy to any occupant upon request. Current charges shall be defined as an amount not to exceed that due for billed service provided during the two months preceding the disconnection date set forth in the notice.

(4) The department's staff shall be available to advise occupants who would be affected by disconnection of shared meter accounts of the protections provided by this section.

(5) Whenever a final notice of disconnection of utility service has been provided under this section, and disconnection has been avoided, the distribution utility shall so notify the affected occupants by mailing or otherwise delivering such notice to the occupants or posting such notice in a conspicuous place at or within the building.

(6) During the cold weather period, defined in section 11.5(c)(2) of this Part, a distribution utility intending to disconnect heat-related service, as that term is defined in section 11.5(c)(1) of this Part, to a shared meter account shall provide the written notices required under paragraphs (1) and (2) of this subdivision not less than 30 days before the intended disconnection.

(7) During the cold weather period defined in section 11.5(c) of this Part, a distribution utility intending to disconnect service to a shared meter account shall comply with the requirements set forth in sections 11.5, 11.7 and 11.8 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 11.32