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 11.8 - Service to two-family dwellings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose of this section, the term
				  two-family dwelling shall mean a building designed and occupied pursuant to
				  local building codes exclusively by two families living independently of each
				  other, irrespective of whether the building receives a residential or
				  commercial rate under the utility's tariff. If a utility knows that any utility
				  service is provided to both units of a two-family dwelling through a single
				  meter, the utility shall not terminate, disconnect or suspend such service
				  unless the utility complies with the requirements of this section. A utility
				  shall be deemed to know that a two-family building contains units that are not
				  metered separately where it is notified by the customer, occupant or other
				  person that the building is a two-family dwelling. Each utility shall keep a
				  record of such two-family dwellings where service is not metered
				  separately.
(b) The utility shall
				  give 15 days' written notice of its intention to terminate, disconnect or
				  suspend service to a two-family dwelling that it knows contains units where
				  service is not metered separately by mailing a copy of the notice to the owner
				  of the premises or to the recipient of the last preceding service bill, mailing
				  or otherwise delivering a copy of the notice to each occupied unit, and, unless
				  precluded by physical circumstances, posting a copy of the notice in a
				  conspicuous place at or within the dwelling.
(c) The notice shall provide the information
				  required by section
				  11.4(a)(2)(i)-
				  (iv)  of this Part, state that there are
				  special protections for occupants of two-family dwellings where service is not
				  metered separately, that the commission staff may be contacted for information
				  and advice, and that subdivision (1) of section 235-a  of the Real Property Law authorizes
				  occupants to set off against their rents payments to utilities in such
				  circumstances.
(d) Any occupant of
				  a two-family dwelling that contains units where service is not metered
				  separately may prevent termination, disconnection or suspension of service if:
(1) an occupant eligible for service under
				  section
				  11.3 
				  of this Part applies for and receives service, thereby making himself or
				  herself liable for future payments, provided that such person is not an agent
				  of the recipient of the last preceding service bill; or
(2) an occupant who chooses to pay current
				  charges shall not be liable for any future bills rendered for utility service.
				  In the event of such payment, the utility shall continue to render all bills to
				  the customer of record with a copy to be sent to any occupant [continued] upon
				  request. If billing for the service which is not metered separately is on a
				  monthly basis, current charges shall be defined as an amount not to exceed that
				  due for billed service provided during the two months preceding the
				  termination, disconnection or suspension date set forth in the notice. If the
				  billing for the service which is not metered separately is on a bimonthly
				  basis, then current charges shall be defined as an amount not to exceed the
				  most recent bill for service.