N.Y. Comp. Codes R. & Regs. tit. 18 § 394.3

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

Section 394.3 - Residential utility service termination-special protection for aged, blind or disabled

(a) General. Local social services districts shall take the following actions in cases in which a household is identified during a utility's or municipality's service disconnection process to be "elderly, blind or disabled." These actions shall complement and be in concert with rules and regulations of the Public Service Commission regarding discontinuance of utility service and shall be in effect as a mandate on a year-round basis.

(b) Liaison. The local social services official shall designate a staff member to function as liaison to appropriate utility corporations to insure timely and effective implementation of these procedures. Appropriate utility corporations are those which are regulated by the Public Service Commission.

(c) Elderly, blind or disabled determination.

(1) A household shall be given an elderly designation if the utility customer is 62 years of age or older, and all the remaining residents of the household are 62 years of age or older, 18 years of age or under, or blind or disabled.

(2) A person shall be considered disabled if the person has a disability as that term is defined in the Human Rights Act (Executive Law, § 292[21]). The definition is as follows: The term disability means a physical, mental or medical impairment resulting from anatomical, physiological or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques; provided, however, that in all provisions of this Article dealing with employment, the term shall be limited to physical, mental or medical conditions which do not prevent the complainant from performing in a reasonable manner the activities involved in the job or occupation sought.

(3) A person shall be considered blind if the person has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.

(d) Receipt of referrals. The local social services district shall receive initial verbal and subsequent written referrals on a year-round basis involving elderly, blind or disabled customers who are facing a utility service termination. There referrals will be on forms prescribed by the Public Service Commission/Department of Social Services.

(e) Social services district activities. Upon receipt of an elderly, blind, or disabled referral the district must perform the following activities:

(1) Screen all referrals against WMS or other public assistance files to determine if the customer is a recipient of public assistance or SSI.

(2) When it is found that the customer of record or other person residing in the premises is aged, blind or disabled and the referred household has been contacted by the utility corporation prior to termination of utility service to devise a plan that precludes termination and that arranges for payment of bills but a plan to avoid service termination was not made:

(i) send to each referred household an appropriate letter which clearly explains how the household can apply for emergency assistance. The letter must identify a telephone number which may be called to request emergency assistance and must indicate the date by which utility service will be terminated unless an application for assistance has been completed by the household and reviewed and approved by the district, or the situation which will result in the disconnection of utility service will be resolved in a timely manner.

(ii) Take appropriate steps to ensure that support services are involved to coordinate applications for emergency assistance to continue or to restore service.

(f) Training. The local social services district shall participate with the utility corporation, as necessary, in joint training/orientation programs to insure the effective implementation of these procedures.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 394.3