2023 New York Laws › PBS - Public Service › Article 2 - Residential Gas, Electric and Steam Utility Service › 52 - Gas, Electric and Steam Service to Tenants Provided Through Shared Meters.

§ 52. Gas,  electric  and  steam  service  to tenants provided through
shared meters. 1. Definitions: As used in this  section,  the  following
terms shall have the following meanings:
(a)  "Owner" means and includes the owner or owners of the freehold of
the  premises  or  lesser  estate  therein,  mortgagee  or   vendee   in
possession,  assignee  of  rents,  receiver,  executor, trustee, lessee,
agent, or any other person, firm or corporation, directly or  indirectly
in control of a dwelling.
(b) "Shared meter" means any utility meter that measures gas, electric
or  steam service provided to a tenant's dwelling and also measures such
service to areas outside that dwelling and such tenant pays charges  for
the service to areas outside the dwelling measured through such meter.
(c)  "Dwelling"  means  any  building  or structure or portion thereof
which is occupied in whole or in part as the home, residence or sleeping
place of one or more  human  beings,  including  any  equipment  located
outside such building or structure or portion thereof which is under the
exclusive use and control of the occupant, and is either rented, leased,
let  or  hired  out,  to be occupied, or is occupied as the residence or
home of one or more human beings.
(d) "Utility" means any gas, electric  and  steam  corporation  and/or
municipality providing service to residential customers.
(e) "Shared meter customer" means any tenant who rents a dwelling from
an  owner that is served by a shared utility meter for which the tenant,
rather than the owner, is the utility's customer of record.
(f) "Extraordinary cost" means the cost, as determined by a  qualified
professional,  of  installing  equipment necessary to eliminate a shared
meter in a dwelling or portion thereof which is in excess of the  amount
of  rent  for  four months rental of such dwelling. The commission shall
adopt additional rules for determining  extraordinary  cost  based  upon
whether  the  amount  of  service  measured  by the shared meter that is
utilized outside the shared meter customer's dwelling is  sufficient  to
warrant the cost of such installation.
(g)  "Legal  impediment"  means  a restriction which prevents separate
metering, rewiring, or repiping due to zoning ordinances which limit the
number or type or location of  meters  in  a  building  or  due  to  the
historical   significance   of   the   structure  or  such  other  legal
restrictions as determined by the commission in its rules.
(h) "Shared area charges" means that portion of charges billed to  the
shared  meter  customer  which  remains  after  excluding  the estimated
charges for  service  used  by  the  shared  meter  customer  and  where
applicable,  a  third  party,  for  the  period  during  which the owner
maintained a shared meter condition in violation of this section or  six
years whichever is shorter.
(i)  "Third  party involvement" means that a third party whose utility
service  was  to  be  measured  through  another  meter  had  caused  or
benefitted from a shared meter condition.
2. Owner's responsibility for service measured through a shared meter.
(a)  An  owner  shall  eliminate  any  shared meter condition or, in the
alternative, establish an account in the owner's name for all the shared
area charges for service measured through a shared meter  effective  six
years  prior  to  the  discovery of or determination that a shared meter
condition exists, or the first day of  the  tenancy,  or  the  date  the
shared  meter  condition began, or the sixtieth day after the owner knew
or should have known that third party involvement exists,  or  the  date
the  owner  assumed  title  to the dwelling, whichever is most recent in
time and for all future  service  measured  by  the  shared  meter.  The
utility  shall,  upon  an  owner's application, open such an account and

bill the owner for all applicable shared area  charges  and  all  future
service measured by the shared meter through such account.
(b)  (i)  In  the  event that a legal impediment or extraordinary cost
prevents elimination of a shared meter condition or in  the  event  that
the  service  measured  through  the  shared  meter  is  minimal,  under
commission rules adopted, pursuant to subdivision eight of this section,
the owner, as an alternative to eliminating the shared meter  condition,
may  enter  into a mutually acceptable written agreement with the shared
meter customer and where applicable, a third party, for apportioning the
charges  for  service  measured  through  the  shared  meter;  provided,
however, that the shared meter customer shall pay only for the estimated
amount of service provided to the shared meter customer's dwelling, or
(ii)  In the event that there is an existing written agreement between
the owner and the shared meter customer, and where applicable,  a  third
party, for the apportionment of charges for service measured by a shared
meter  prior to October twenty-fourth, nineteen hundred ninety-one, such
agreement will remain in effect, as an alternative  to  eliminating  the
shared  meter  condition or establishing an account in the owner's name,
until any lease or rental agreement  for  the  rental  of  the  dwelling
expires,  provided,  however,  that  the  shared meter customer or third
party may request the commission or its designee to review the  existing
written  agreement if such shared meter customer or third party believes
the terms are unfair or unreasonable. If the commission or its  designee
finds  that  the  terms  of the existing written agreement are unfair or
unreasonable, the commission or its designee shall void  such  agreement
and  assist  the  interested  parties  in  negotiating  and  executing a
mutually acceptable written agreement.
(c) (i) In the event that a mutually acceptable written  agreement  is
negotiated and executed, the owner shall provide a copy of the agreement
to the utility, the shared meter customer, and where applicable, a third
party.
(ii)  If  the  interested  parties  are unable to negotiate a mutually
acceptable written agreement, the commission or  its  designee,  upon  a
complaint  by a customer or owner, shall order a remedy, consistent with
the relief provided in this section, as it deems proper. The  commission
or  its designee shall have the authority to apportion estimated charges
for service measured by a shared meter among  the  owner,  shared  meter
customer and any third party.
3.  The provisions of this section: (a) may not be waived by an owner,
tenant, or utility; and
(b) shall not affect the validity of a lease or  rental  agreement  in
effect  on or before the effective date of this section. For purposes of
this section, renewals and extensions of leases  and  rental  agreements
that  commence  after the effective date of this section shall be deemed
to be new leases and rental agreements.
4. Determination of shared meter condition.   (a)  Upon  a  customer's
verbal  or written complaint that a shared meter is measuring service to
the customer's dwelling and that the customer  is  responsible  for  the
charges for such service or upon receipt of other information indicating
that  a  shared  meter  may  exist,  a utility shall notify the owner in
writing of the owner's  responsibilities  under  this  section,  that  a
complaint  was  received or information obtained that a shared meter may
exist, and that the utility is required to conduct an investigation.  If
such  utility  is  not the utility in ownership or control of the meters
and related pipes, fittings, wires and other apparatus  associated  with
the   establishment  and  measurement  of  service  to  such  customer's
dwelling, notice shall also be provided to such metering  utility.  Upon
the  request  of  an  owner  or  upon  a complaint by a customer or upon

receipt of information indicating that a shared meter  may  exist,  such
metering utility shall investigate and determine whether such service is
or  is  not  measured  by  a  shared  meter.  Such  metering utility may
determine  if  separate metering or rewiring or repiping is possible and
shall provide the owner with information  describing  how  shared  meter
conditions  can  be eliminated. The investigation shall include, but not
be limited to, conducting appropriate tests, an examination  of  wiring,
piping,  meters  and heating equipment in the building as may be needed,
an estimate of gas, electricity  or  steam  used  in  the  shared  meter
customer's  dwelling  and in areas outside the dwelling, and a review of
billing records.
(b) The determination shall be  provided  in  writing,  within  thirty
business  days of the date of the complaint or receipt of information or
owner's request, to the customer, the owner, any other tenants receiving
service measured by the shared meter, and any  other  utility  providing
service  to such customer through such meter. Such written determination
shall include a description of the specific areas outside  the  dwelling
served  by  the shared meter, the nature of the uses of the service, and
the proportional amount of service registered on the shared  meter  that
is provided to the shared meter customer's dwelling and to areas outside
the  dwelling.  A  notice  shall  be  included  with  the  determination
informing  the  recipients  of  the  availability  of  the  commission's
complaint  handling  procedures,  and providing the department's address
and telephone number for filing objections to such determination.
(c) Failure of an owner to provide access to any common  area  in  the
building  or  to  cooperate  with  any  reasonable  request  made by the
investigating  utility  shall  result  in  a  determination   that   the
customer's  dwelling is served by a shared meter, specifying the owner's
action that such utility  understood  to  be  a  failure  to  cooperate.
Failure  of a customer making a shared meter complaint to provide access
to a dwelling controlled by  the  customer  or  to  cooperate  with  any
reasonable  request  made  by  the investigating utility shall cause the
utility to suspend the  investigation  and  to  notify  in  writing  the
customer  and  the owner that the investigation is suspended, specifying
the customer's action that such utility understood to be  a  failure  to
cooperate.  A  utility  duly  acting under this paragraph is entitled to
make the determinations provided for and shall be held harmless from any
subsequent monetary claim by an owner that the dwelling was  not  served
by  a  shared  meter or by a shared meter customer that the dwelling was
served by a shared meter.
(d) Any customer filing a complaint under this section  or  owner  who
disagrees  with  a  utility's determination may utilize the commission's
complaint  handling  procedures  to  obtain   a   written   departmental
determination  by  complaining  to the department within forty-five days
after receipt of the utility's determination.  In  the  event  that  the
utility  fails  to  provide  a  determination  on a complaint under this
section  within  the  required  time  period,   the   department   shall
investigate,  upon  the  shared meter customer's or owner's request, and
issue a written determination. The commission or its designee shall have
the authority to apportion estimated charges for service measured  by  a
shared meter among the owner, shared meter customer and any third party.
5.  Change  in  billing. Notwithstanding any inconsistent provision of
law, one hundred twenty days after notice is sent to the owner that  the
utility or the department has made a final determination that the shared
meter  customer's  dwelling  is served by a shared meter in violation of
subdivision two of this section:
(a) the utility shall verify that, pursuant to subdivision two of this
section, the owner has eliminated the  shared  meter  condition  or  has

entered  into  a  mutually  acceptable written agreement with the shared
meter customer and where applicable, a third party, for apportioning the
charges for service measured by the shared meter and has provided a copy
to  the  utility,  or, as an alternative to eliminating the shared meter
condition, has established a separate account in the owner's name as the
customer of record for all applicable shared area charges and all future
service measured by the shared meter;
(b) if the owner has not eliminated the shared meter or  entered  into
such  agreement  or  established  such  account  or if the amount of the
service is not  minimal  under  commission  rules  adopted  pursuant  to
subdivision  eight  of  this  section,  the  utility  shall establish an
account in the owner's name  as  the  customer  of  record  for  service
measured  through the shared meter and bill the owner for all applicable
shared area charges and all future service measured through  the  shared
meter;  provided, however, that the commission or its designee may grant
an extension not to exceed ninety days to an owner if, in its  judgment,
extenuating  circumstances  beyond  an  owner's control prevented timely
compliance, or such shared meter is the subject of an ongoing department
review regarding the apportionment  of  estimated  charges  pursuant  to
subparagraph (ii) of paragraph (c) of subdivision two of this section;
(c)  the  utility  shall  refund to the customer or cancel shared area
charges; provided, however, that when third  party  involvement  exists,
the utility shall credit the shared meter customer for all the estimated
charges of the third party;
(d)  when  such determination follows a customer complaint regarding a
shared meter  condition  or  a  utility  discovery  of  a  shared  meter
condition  that  is  not in response to an owner's request for a utility
inspection for a shared meter condition, with respect to utility service
billed after December first, nineteen hundred  ninety-six,  the  utility
shall  comply with the provisions of paragraphs (a), (b) and (c) of this
subdivision, and further bill the owner and refund to the  shared  meter
customer an estimated amount of charges for twelve months of all service
measured  by  the  shared  meter; provided, however, that this paragraph
shall not apply to a shared meter condition if service measured  through
the  shared  meter is minimal under commission rules adopted pursuant to
subdivision eight of this section. An owner so billed may  petition  the
commission  or  its designee for a determination that the amount of such
bill is excessive and that such bill and refund be adjusted accordingly;
provided, however, neither the adjusted bill  nor  the  adjusted  refund
shall  be  less  than  twenty-five  percent  of  the total amount of the
original bill. The commission is authorized to make such a determination
and adjustment if it finds that a bill  and  refund  of  twelve  months'
charges  is  unduly  burdensome and unfair. In making such determination
the commission or its designee shall consider the total  amount  of  the
bill  and refund in relation to the shared area charges over such twelve
month  period  and  any  other  equitable  factors  established  by  the
commission; and
(e)  the  utility  shall  bill  the  third  party,  when  third  party
involvement exists, instead of the owner, for the  applicable  estimated
charges  for  service used by the third party credited by the utility to
the shared meter customer.
6. Refunded and cancelled utility charges. (a) No  owner  may  bill  a
shared  meter  customer  or  otherwise  recover  from  such customer any
portion of the cancelled charges or charges refunded  to  such  customer
and  shall  not  bill such customer for any portion or percentage of any
future shared meter bills in the owner's name; provided,  however,  that
this section shall not preclude an owner from increasing future rents by
a specific sum to the extent otherwise permitted by law.
(b)  A  shared  meter  customer  who  receives a refund from a utility
pursuant to this section shall  return  a  proportional  share  of  that
refund  to  each  person  who  had  paid  that shared meter customer for
utility service associated with the payment  so  refunded.  The  utility
shall  be  held harmless from the claim of any person for a share of any
payment so refunded.
7. Remedies. Where the owner or shared meter customer demonstrates the
existence of third party involvement, the owner or shared meter customer
shall be entitled respectively to recover  the  charges  billed  by  the
utility  to  the  owner's  account,  or  to  the shared meter customer's
account, pursuant to this section in a civil action  against  the  third
party in a court of competent jurisdiction.
8.  Minimal  service. Notwithstanding any provision of this section to
the contrary, the commission shall determine an appropriate quantity  of
service  on  a shared meter that is utilized outside of the shared meter
customer's dwelling which is to  be  considered  minimal  in  commission
rules and regulations.
9.  Notice requirements. On or before December first, nineteen hundred
ninety-five, every utility shall notify its  residential  customers  and
each  owner  served  by the utility of the requirements of this section.
Each utility may request from its customers the names and  addresses  of
the owners or recipients of rent for dwellings occupied by the customers
or  obtain such names and addresses from any available public records in
order to provide the notice required by this  subdivision.  Such  notice
shall  be  mailed  in a postpaid wrapper under separate cover than bills
for service to the premises. Every utility shall also provide notice  at
least  annually to owners of dwellings, to the extent practicable, under
a plan submitted by the utility and approved by  the  department.  Every
utility  shall  also  implement  an  outreach program subsequent to such
written notice. Each utility shall  submit  a  plan  to  provide  notice
within  sixty  days  of  the  effective  date  of  this  subdivision. In
addition, every utility shall notify each  of  its  customers  at  least
annually,  of  the  requirements  that  apply  to  owners,  shared meter
customers and utilities pursuant to this section and shall  include  the
department's  address  and phone number for questions and complaints. In
addition, each utility may arrange for the  publication  of  notices  in
newspapers or the broadcasting in other media of notices describing such
requirements.  The  notices  shall  be  subject  to  the approval of the
department.
10. Treatment of refunds. (a) Where, as of the effective date of  this
subdivision,  an  owner of a building consisting of one to five dwelling
units has been billed  for  service  measured  through  a  shared  meter
without an apportionment of charges for service used by the shared meter
customer  and, where applicable, a third party, the utility shall refund
to the owner, upon the written request of the owner, any  charges  which
represent  service  used  in  the  shared meter customer's dwelling and,
where applicable, a third party. Such written request must be  submitted
no  later  than  December first, nineteen hundred ninety-seven, provided
that an owner may  petition  the  commission  or  its  designee  for  an
extension  upon  a  finding  that  such owner has not received timely or
adequate notice of the availability of such refund. In any case where an
owner has been billed but has not paid for  such  service,  the  utility
shall only collect from the owner shared area charges. The utility shall
not  attempt  to charge the shared meter customer or the third party for
any monies refunded to the owner pursuant to this section.
(b) In any case where a shared meter customer is entitled, following a
final determination of shared meter condition  prior  to  the  effective
date  of  this subdivision, to a refund but has not received such refund

because the owner has not made payments for which the owner was  billed,
such  shared  meter  customer  shall  receive his or her refund from the
utility.
(c)  Notwithstanding  any other provision of this section, in the case
where  a  shared  meter  customer  is  entitled,   following   a   final
determination  of  a shared meter condition, to a refund or cancellation
of shared meter charges and title to the dwelling has  been  transferred
to  a  new  owner,  such  shared meter customer shall receive his or her
refund from the utility for  charges  for  service  measured  through  a
shared  meter,  excluding  the estimated charges for service used in the
shared meter customer's dwelling, for the period of time  effective  six
years  prior  to  the  discovery of or determination that a shared meter
condition exists, or the first day of  the  tenancy,  or  the  date  the
shared meter condition began, whichever is most recent in time.
(d)  The  commission  shall  investigate  whether  and  to what extent
refunds provided pursuant to this subdivision  were  made  necessary  by
inadequate notice to customers regarding the provisions of this section.
11. Other relief. Notwithstanding any other provision of this section,
the  rights  of a utility customer under this article to seek and obtain
relief for payments made for service not provided to his or her dwelling
shall not be diminished in any manner.  Unless  otherwise  specified  in
this  section,  the  rights  of a utility to collect payment for service
rendered but unpaid shall not be diminished in any manner.
12. Apportionment.  The  commission  shall  establish  guidelines  for
estimating  the  amount of utility use in other space outside the shared
meter customer's dwelling and for apportioning costs  required  by  this
section.