N.Y. Comp. Codes R. & Regs. tit. 16 § 14.4

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

Section 14.4 - Termination of residential service

(a) Conditions for termination.

(1) Except as provided in section 14.17 of this Part and paragraph (2) of this subdivision, a utility may terminate service to a customer only if it provides advance final notice of the termination and fulfills all other requirements of this section when the customer:

(i) fails to pay any tariff charges that reflect service used during the preceding 12 months, for which a written bill in conformance with section 14.15 of this Part has been sent;

(ii) fails to pay any tariff charges that reflect service used before the preceding 12 months, for which a written bill in conformance with section 14.15 of this Part has been sent, in any of the following situations:

(a) when there was a billing dispute during the preceding 12-month period;

(b) when there was excusable utility delay;

(c) when the customer's culpable conduct caused or contributed to the delay in billing; or

(d) when the changes are necessary to adjust estimated bills;

(iii) fails to pay amounts due under a payment agreement;

(iv) fails to pay, or agree in writing to pay, equipment and installation charges relating to the initiation of service; or

(v) fails to pay a required deposit, if in accordance with section 14.11 of this Part.

(2) A utility must not terminate service for nonpayment of bills to any person it knows to be receiving public assistance, if payment for such service is to be made directly to the utility by the department of social services or the local social services official.

(b) Final termination notice.

(1) A final termination notice must state:

(i) the earliest date termination may occur;

(ii) the reasons for termination, including the total amount the customer must pay, and how termination may be avoided;

(iii) that utility procedures are available for considering complaints before termination, including the address and telephone number of the appropriate utility office;

(iv) that commission procedures are available for considering customer complaints when a customer is not satisfied with the utility's handling of the complaint, including the address and telephone number of the appropriate commission office;

(v) a summary of the protections available under this Part, and a notice that any customer eligible for such protections should contact the utility;

(vi) that it is a final termination notice which should be brought directly to the attention of the utility when the bill is paid;

(vii) that payment of the charges with a check that is subsequently dishonored may result in termination of service without an additional final termination notice, if applicable;

(viii) that at the time the utility's representative goes to the premises to terminate service, the representative may require any payment to be made with cash, certified check or money order, if the customer has, within the last 12 months, paid with a check that was dishonored;

(ix) any charge for reconnection; and

(x) that if the customer is a recipient of public assistance, it is possible that assistance may be available from a local social services office.

(2) A final termination notice must not be issued until at least 20 calendar days after the date payment was due.

(3) A final termination notice must not be issued for nonpayment of disputed charges while a complaint is pending before the utility or the commission as provided in section 12.3 of this Title. Nothing in this Part prevents the utility from issuing such notice for nonpayment of undisputed charges.

(c) Physical termination of service.

(1) A utility may not terminate service under this section until at least:

(i) 15 calendar days after a final termination notice has been given personally to the customer; or

(ii) 18 calendar days after a final termination notice has been mailed to the customer at the location where service is rendered, or to an alternative address, in which case paragraph (2) of this subdivision must be complied with.

(2) If an alternative address for mailing purposes has been previously provided to a utility, the utility must not terminate service under this section until at least 18 calendar days after a final termination notice has been mailed to the customer at the alternative address. If the utility still intends to terminate service as scheduled, the utility must mail notice of the scheduled termination to the premises where service is rendered 10 calendar days after the final termination notice was mailed to the alternative address.

(3) A utility may terminate service only between the hours of 8:00 a.m. and 4:00 p.m., on Mondays through Thursdays, provided that such day or the following day is not:

(i) a public holiday as defined in the General Construction Law;

(ii) a day the main business office of the utility is closed; or

(iii) a day the offices of the commission are closed.

(4) A utility may not terminate service unless:

(i) it has verified that payment has not been received at any office of the utility or at any office of an authorized collection agent through the end of the notice period required by this Part; and

(ii) it has verified on the day termination is scheduled that payment has not been posted to the customer's account as of the opening of business on that day, or has complied with procedures established under paragraph (d)(2) of this section.

(5) A utility may not terminate service more than 60 calendar days after issuance of the final termination notice unless it has, during that time, issued a new termination notice that complies with paragraph (b)(1) of this section or has updated the original notice to include the current arrears.

(6) A utility may not terminate service while a complaint is pending before the utility or the commission and for 15 calendar days after resolution by the utility or by the commission or its designee, for nonpayment of the disputed charges as provided in section 12.3 of this Title. Nothing in this Part prevents the utility from terminating service for nonpayment of undisputed charges.

(7) A utility may not terminate service during a two-week period encompassing Christmas and New Year's Day.

(d) Rapid posting of payments. Every utility must establish and implement written procedures to ensure that any payments made in response to a final termination notice, when the customer brings the fact that such a notice has been issued to the attention of the utility or its authorized agents:

(1) are posted to the customer's account on the day payment is received; or

(2) are processed in some manner so that termination will not occur.

(e) Payment at the time of termination of service.

(1) If a customer claims, at the time that termination for nonpayment is to take place, that payment has already been made and produces a written business record of payment, or claims that there is a complaint pending before the utility or the commission with regard to the charges demanded, the utility's field representative must make a reasonable effort to verify this information with a utility office representative and must not terminate service for nonpayment of any verified disputed amount.

(2) At the time of termination, if payment of the full amount that forms the basis for a scheduled termination is offered, or if a customer agrees to sign a payment agreement in accordance with section 14.10 of this Part and offers payment of any required downpayment, the utility representative must not terminate service. The utility representative may either accept payment or allow the customer an extension of time of not less than one business day to go to a business office to make payment or arrange for payment. However, if the customer fails to make payment or arrange for payment within the specified time, the utility may terminate service without further notice.

(3) If a customer has, within the last 12 months, paid for service with a check that was dishonored, the utility has the right to accept only cash, certified check, or money order as payment from that customer under paragraph (2) of this subdivision.

(4) Whenever payment is made at the time of termination, the utility's field representative must provide the customer with a receipt showing the date, the account number, the amount received, the form of the payment and either the name or identification number of the utility representative.

(f) Dishonored checks. Receipt of a subsequently dishonored check, in response to a termination notice, is not payment of a customer's account and the utility is not required to issue additional notice before termination, as long as the final termination notice warns the customer of this, in accordance with subparagraph (b)(1)(vii) of this section.

(g) Applicability. Nothing in this section affects a utility's right to suspend, curtail or disconnect service:

(1) when there is no customer and service is being provided through tampered equipment;

(2) when there is no customer and the utility has provided advance written notice to the occupant, either by posting or mailing not more than 30 nor less than 10 calendar days before disconnection, stating:

(i) that it intends to disconnect service unless the responsible party applies for service and is accepted as a customer; and

(ii) the location of the nearest utility business office where application can be made; or

(3) as permitted under section 14.17 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 14.4