2023 New York Laws › ENG - Energy › Article 17 - Energy Information › 17-103 - Truth in Heating.

§  17-103.  Truth  in  heating.    1.  (a)  On or after January first,
nineteen hundred eighty-one,  the  seller  of  a  residential  structure
shall,  within  fifteen  days  of  receipt  of  a written request from a
prospective purchaser, furnish such purchaser a complete set of  heating
and/or cooling bills, or a summary of such heating and/or cooling bills,
for  the life of the structure or for the preceding two years, whichever
is shorter. A seller need not honor a request  for  heating  or  cooling
bills  if such request is initially made after the signing of a purchase
contract.
(b) (1) On or after January first, nineteen hundred  eighty-four,  the
seller  of a residential structure shall, within fifteen days of receipt
of  a  written  request  from  a  prospective  purchaser,  furnish  such
purchaser with a statement of the following:
(i)  The  type and areas of insulation installed by the seller in such
structure during his ownership.
(ii) The type and areas of insulation installed in such  structure  by
any previous owner, known to the seller.
(iii)  As used in this paragraph, "insulation" shall include but shall
not be limited to any type of  material  permanently  placed  within  or
contiguous  to  a  wall,  ceiling or floor of a room or building for the
purpose of reducing heat transfer and thus the energy  requirements  for
heating and cooling the building.
(2)  The seller need not honor a request for the information described
in this paragraph if such request is initially made after the signing of
a purchase contract.
(3) A seller shall be subject to the  imposition  of  penalties  under
this  article,  including  section  5-119,  for  failure  to provide the
statement required by subparagraph one of this paragraph.
(4) The commissioner shall not evaluate the sufficiency or accuracy of
any  statement  concerning  insulation  furnished,  pursuant   to   this
paragraph, to a prospective purchaser.
(c) On or after January first, nineteen hundred eighty-one, the lessor
of  a  residential structure where the lessee is responsible for payment
of the heating and/or cooling bills shall, immediately upon receipt of a
request from a prospective lessee, furnish such lessee a complete set of
heating and/or cooling bills, or a summary  of  heating  and/or  cooling
bills,  for  the  life  of the structure or for the preceding two years,
whichever is shorter.
(d) All heating and/or cooling bills furnished by a seller  or  lessor
shall indicate whether the residential structure was occupied during the
period of time for which the heating and/or cooling bills are supplied.
(e)  A  seller  who  lacks  all or part of such heating and/or cooling
bills shall request the retail vendor of fuel  or  utility  services  to
provide such seller with a complete set of heating and/or cooling bills,
or  a  summary  thereof.  Where  a  seller  is still unable to furnish a
prospective purchaser with a complete  set  of  heating  and/or  cooling
bills,   or  a  summary  thereof,  he  shall  nevertheless  provide  the
prospective purchaser with whatever records he has been able to  obtain,
or  a  summary  thereof, and indicate which periods of time and/or which
fuel or utility services are not covered by the  incomplete  records  or
summary provided.
(f)  No  charge  or fee shall be imposed on any purchaser or lessee by
any seller or lessor for furnishing  heating  and/or  cooling  bills  or
summaries  thereof pursuant to the provisions of this section. No lessor
or seller shall disclose the name of a tenant  in  connection  with  the
furnishing  of heating and/or cooling bills or summaries thereof without
the consent of such tenant.
2. (a) Every retail vendor  of  fuel  or  utility  services  used  for
heating  and/or cooling residential structures shall maintain records of
the cost of fuel or utility services provided  such  structures  for  at
least two calendar years.
(b)  Within  ten  days  after  receiving  a request from the seller or
lessor of a residential structure, a retail vendor  shall  furnish  such
owner  with  duplicate  copies of the heating and/or cooling bills, or a
summary of the heating  and/or  cooling  bills,  for  the  life  of  the
structure  or  the  preceding  two  year period, whichever is shorter. A
retail vendor shall not require the consent of a current tenant or prior
owner to provide such duplicate copies or summaries,  provided  that  no
such copy or summary shall contain information relating to the status of
such tenant's or prior owner's account with the retail vendor.
(c)  A  retail  vendor  may charge a fee of five dollars for providing
such duplicate copies of heating and/or cooling bills, or a  summary  of
such bills, to any such owner.
3.  (a) The maximum penalty which may be recovered pursuant to section
5-119 of this chapter, for a violation of this section  by  any  seller,
lessor  or  vendor  shall  be  one hundred dollars for each separate and
distinct violation; provided, however, that (i) a seller shall not be in
violation of this section due to the failure  by  a  vendor  to  furnish
heating  and/or  cooling  bills  upon  receipt  of such a request by the
seller, and (ii) a lessor shall not be in violation of this  section  if
the  lessor  commenced  an  act to obtain immediately the heating and/or
cooling bills upon receiving notice that the structure was to be vacated
and had not yet received such bills from the vendor.
(b) The failure of a seller or lessor to furnish  the  heating  and/or
cooling  bills  required  pursuant  to  this  section  to  a prospective
purchaser or lessee shall not affect  legal  title  to  any  residential
structure  or  permit  any  purchaser or lessee of any such structure to
avoid any obligations he may have under any purchase contract or lease.
4. (a) The commissioner, after consultation  with  the  department  of
public  service, shall promulgate rules and regulations to implement the
provisions of this section relating to the furnishing and maintenance of
heating and/or cooling bills. The commissioner shall waive in  whole  or
in  part a requirement that records be furnished for any period prior to
the promulgation of such rules and regulations if such records have  not
been maintained by a retail vendor.
(b)  On  or  before  September  first,  nineteen  hundred  eighty  the
commissioner shall notify all retail vendors of fuel or utility services
of the requirements  of  this  section,  and  of  their  obligations  to
maintain  and supply heating and/or cooling bills, or summaries thereof,
under this section.