N.Y. Comp. Codes R. & Regs. tit. 16 § 14.7

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

Section 14.7 - Termination of service to entire multiple dwellings

(a) Required notices.

(1) A utility must not terminate service to an entire multiple dwelling unless it fulfills all requirements of this section and provides written notice to:

(i) the owner of the multiple dwelling or the party to whom the last preceding bill was rendered;

(ii) the superintendent or other person in charge of the multiple dwelling, if it can be readily determined that there is such superintendent or other person in charge;

(iii) the occupants of each unit;

(iv) the local health officer and the director of the social services district for the political subdivision in which the multiple dwelling is located;

(v) if the multiple dwelling is located in a city or village, the mayor thereof, or if there is none, the manager; or if the multiple dwelling is located in a town, the town supervisor; and

(vi) the county executive of the county in which the multiple dwelling is located, or if there is none, the chairperson of the county's legislative body.

(2) The notice required by this subdivision must state:

(i) the earliest date terminating may occur;

(ii) the reasons for termination, including the total amount required to be paid, and how termination may be avoided;

(iii) that there are special protections for occupants of multiple dwellings;

(iv) that occupants are authorized to set off utility payments against their rents in these circumstances, in accordance with subdivision (1) of section 235-a of the New York State Real Property Law;

(v) that utility procedures are available for arranging meetings with occupants to discuss the manner in which termination may be avoided, including the address and telephone number of the appropriate utility office; and

(vi) that commission procedures are available for assistance, including the address and telephone number of the appropriate commission office.

(3) The notice required by this subdivision must be provided in the following manner:

(i) by personally serving it or mailing it to the owner or superintendent, as required by subparagraphs (i) and (ii) of paragraph (1) of this subdivision;

(ii) by mailing it to the occupants and all local officials, as required by subparagraphs (iii), (iv), (v) and (vi) of paragraph (1) of this subdivision; and

(iii) by posting it in a conspicuous place in the public areas of the multiple dwelling.

(4) The utility must give 15 calendar days notice if personally served or posted, and 18 calendar days notice if mailed.

(5) The notice to local officials required by subparagraphs (iv) and (v) of paragraph (1) of this subdivision must be repeated not more than four nor less than two business days before termination.

(6) Whenever a notice of termination of service has been made in accordance with this subdivision and the utility no longer intends to terminate service, the utility must so notify the occupants of each unit in the same manner as it gave the original notice.

(b) Procedures to avoid termination of service.

(1) A utility following the requirements of this section may require occupants in a multiple dwelling to pay no more than the current charges incurred by the party to whom the last preceding bill has been rendered, and must not terminate service if such current charges are paid.

(2) If occupants in a multiple dwelling find they are unable to reach an agreement with the utility to avoid termination of service, they may contact the commission's designee. After such a request is received, a designee will attempt to work out an agreement and will, if necessary, attempt to arrange a meeting with occupant representatives, the utility, and the party responsible for making payment for service.

(3) The commission's designee may stay a threatened termination 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 charges.

(c) Physical termination of service. Paragraphs (c)(3) through (6) and subdivisions (d) through (f) of section 14.4 are applicable to the termination of service to entire multiple dwellings.

(d) Termination of heat-related service to multiple dwellings during cold weather periods. During the cold weather period, the following procedure must be followed by a utility intending to terminate heat-related service to an entire multiple dwelling:

(1) A utility must provide the notices required by subdivision (a) of this section not less than 30 calendar days before the intended termination.

(2) A utility must provide each occupant with a written notice, not less than 10 calendar days before the earliest date termination may occur, advising the occupant that if any occupant in his or her apartment has a serious illness or medical condition that may result in a serious impairment to health or safety by the loss of heat service, he or she should immediately contact the utility. The notice must provide the name and telephone number of a utility contact person. Whenever an occupant so notifies a utility, the utility must conduct an onsite personal visit without delay, for the purpose of determining whether the occupant may suffer a serious impairment to health or safety as a result of termination. If the utility determines that an occupant may suffer a serious impairment to health or safety as a result of termination, the utility must refer such cases to the local department of social services and request the agency to investigate.

(3) A utility referring such a case to the Department of Social Services must continue heat-related service to the multiple dwelling or otherwise provide heat to the person who may suffer a serious impairment for at least 15 business days after the referral. A utility that has referred such a case must not thereafter terminate heat-related service to the dwelling during the cold weather period unless it otherwise provides heat to the person who may 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 service must provide at least five calendar days written notice to the occupants that heat-related service will be terminated, and must, if so notified by the Department of Social Services, inform the individual of the finding of no serious impairment. Such notice must state that any occupant may seek further review by the commission.

(4) 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 by the utility may suffer a serious impairment to health or safety, it must reconnect heat-related service, or otherwise provide heat to such person, and continue such service as provided for in paragraph (3) of this subdivision.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 14.7