New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter I - RULES OF PROCEDURE › Subchapter B - Procedures And Requirements Concerning Consumer Protections › Part 11 - Home Energy Fair Practices Act And Energy Consumer Protection Act-rules › Section 11.7 - Service to entire multiple dwellings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No utility shall terminate, disconnect or
				  suspend service to an entire dwelling (as defined in the Multiple Dwelling Law
				  or the Multiple Residence Law) where the owner, person, firm or corporation to
				  whom or which the last preceding bill has been rendered, or from whom or which
				  the utility has received payment therefor, has failed to pay such utility
				  bills, until it has complied with the following procedures:
(1) The utility shall give 15 days' written
				  notice of its intention to so terminate, disconnect or suspend by personally
				  serving such notice on the owner of the premises affected or on the person,
				  firm or corporation to whom or which the last preceding bill was rendered, or
				  from whom or which the utility has received payment therefor, and on the
				  superintendent or other person in charge of the building, if it can be readily
				  ascertained that there is such superintendent or other person in
				  charge.
(2) The utility shall give
				  18 days' written notice to the owner, person, firm or corporation specified in
				  paragraph (1) of this subdivision if such notice is mailed in a postpaid
				  wrapper to the address of such person, firm or corporation.
(3) In addition to the notice prescribed by
				  paragraphs (1) and (2) of this subdivision, 15 days' written notice shall be
				  posted in the public areas of such multiple dwelling, and 18 days' notice shall
				  be mailed to the occupant of each unit in that multiple dwelling, to the local
				  health officer and director of the social services district for the political
				  subdivision in which the multiple dwelling is located; if the multiple dwelling
				  is located in a city or village, to the mayor thereof; or if there be none, to
				  the manager; or, if the multiple dwelling is located in a town, then to the
				  town supervisor; and to the county executive of the county in which the
				  multiple dwelling is located; or if there be none, then to the chairman of such
				  county's legislative body; and, if the multiple dwelling is located in New York
				  City, to the Department of Housing Preservation and Development. Notice to
				  mayors, managers, town supervisors, county executives and chairmen of county
				  legislatures may be mailed to the persons specified therein or to their
				  designees. Notice to health officers, directors of social services, mayors,
				  managers, supervisors, county executives and chairmen of county legislatures
				  shall be repeated not more than four working days nor less than two working
				  days prior to such termination, disconnection or suspension.
(4) During the cold weather period, defined
				  in section
				  11.5(c)(2) 
				  of this Part, a utility intending to terminate, disconnect or suspend
				  heat-related service, as that term is defined in section
				  11.5(c)(1) 
				  of this Part, to an entire multiple dwelling shall provide the written notices
				  required under paragraphs (1)-(3) of this subdivision not less than 30 days
				  before the intended termination, disconnection or suspension.
(5) Whenever a notice of intention to
				  terminate, disconnect or suspend service has been made pursuant to the
				  provisions of this section and obligations owed the utility have been
				  satisfied, the utility shall notify, in the same manner as it gave such notice
				  of intention, the occupant of each unit that the intention to terminate,
				  disconnect or suspend service no longer exists.