State Codes and Statutes

Statutes > New-york > Pbs > Article-2 > 33

§ 33. Discontinuance   of  residential  utility  service  to  multiple  dwellings. 1. Notwithstanding any other provisions  of  law,  no  public  utility company or municipality shall discontinue gas, electric or steam  service  to  an  entire  multiple  dwelling  (as defined in the multiple  dwelling law or the multiple residence law)  located  anywhere  in  this  state  for  nonpayment of bills rendered for service unless such utility  shall have given fifteen days written notice  of  its  intention  so  to  discontinue as follows:    (a)  Such  notice  shall  be  served  personally  on  the owner of the  premises  affected,  or  in  lieu  thereof,  to  the  person,  firm,  or  corporation  to  whom or which the last preceding bill has been rendered  and from whom or which the utility has received payment therefor, and to  the superintendent or other person in charge of the building or premises  affected,  if  it  can  be  readily  ascertained  that  there  is   such  superintendent or other person in charge.    (b)  In  lieu  of  personal delivery to the person or persons, firm or  corporation specified in (a) above, such  notice  may  be  mailed  in  a  postpaid  wrapper  to  the  address  of  such person or persons, firm or  corporation.    (c) In addition to the notice prescribed by paragraph (a)  or  (b)  of  this subdivision, fifteen days written notice shall be (i) posted in the  public areas of such multiple dwelling, (ii) mailed to the "Occupant" of  each  unit  in  that multiple dwelling, (iii) mailed to the local health  officer and the  director  of  the  social  services  district  for  the  political subdivision in which the multiple dwelling is located, (iv) if  the  multiple  dwelling is located in a city or a village, mailed to the  mayor thereof, or if there be none, to the manager, or, if the  multiple  dwelling  is  located in a town, then mailed to the town supervisor, (v)  mailed 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 (vi) mailed to the office of the New York  state  long  term  care  ombudsman,  if  the  multiple  dwelling  is   a  residential  health  care  facility  as  defined in subdivision three of  section twenty-eight hundred one of the public health law, an adult care  facility as defined in subdivision twenty-one  of  section  two  of  the  social  services  law,  or  an  assisted  living residence as defined in  subdivision one of section forty-six hundred  fifty-one  of  the  public  health  law  as  added  by chapter two of the laws of two thousand four.  Notice required by subparagraphs (iv) and (v) of this paragraph  may  be  mailed   to  the  persons  specified  therein  or  to  their  respective  designees. The  notice  required  by  this  paragraph  shall  state  the  intended  date  of  discontinuance  of  service, the amount due for such  service, and the procedure by which any tenant or public agency may make  such payment and thereby avoid discontinuance of service.    (d) The written notice required by subparagraphs (iii), (iv), (v)  and  (vi)  of  paragraph  (c)  of this subdivision shall be repeated not more  than four days nor less than two days prior to such discontinuance.    1-a. Whenever a notice of intention to discontinue utility service has  been made pursuant to the provisions of  this  section  and  obligations  owed  the  utility  or  municipality have been satisfied, the utility or  municipality shall notify, in the same manner as it gave such notice  of  intention,  the  occupant of each unit that the intention to discontinue  utility service no longer exists.    2. For the purposes of  this  section,  the  department  charged  with  enforcing  the  multiple  dwelling  law  shall prepare a schedule of all  multiple dwellings within its jurisdiction and shall provide a  copy  of  such  schedule to any gas, steam or electric corporation or municipality  subject to the provisions  of  this  section.  Such  schedule  shall  berevised  semi-annually  and a revised copy provided to such corporation.  Every county, and every municipality to which the multiple dwelling  law  does  not  apply, which county or municipality has compiled or hereafter  may  compile a listing of all multiple dwellings within its jurisdiction  shall make such listing available without charge to any  gas,  steam  or  electric corporation providing service in such county or municipality.    3.  Any  gas,  electric  or  steam  corporation  or municipality which  willfully fails to comply with the provisions of this section  shall  be  liable  for  a  penalty of twenty-five dollars for each occupied unit of  the multiple dwelling for each day during which  service  is  unlawfully  discontinued;  provided, however, that when the only non-compliance with  this section is failure to mail notice to each "Occupant" as required by  clause (ii) of paragraph (c) of subdivision one above the penalty  shall  be  twenty-five  dollars for each occupied unit of the multiple dwelling  to which notice was not mailed for each  day  during  which  service  is  unlawfully  discontinued.  An  action  to  recover  a penalty under this  section may be brought by the counsel to the commission in any court  of  competent  jurisdiction  in  this state in the name of the people of the  state of New York. Any moneys recovered in such action shall be paid  to  the state treasury to the credit of the general fund.    4.  Any person who willfully interferes with the posting of the notice  specified in clause (i) of paragraph (c) of subdivision one above by any  gas, steam or electric corporation or municipality, willfully defaces or  mutilates any such notice, or willfully removes the same from the  place  where  it  is posted by such company prior to the date specified therein  for the discontinuance of service shall be guilty of  a  violation  and,  upon  conviction,  shall be punished by a fine not exceeding twenty-five  dollars.    5. The commission shall maintain rules and regulations for the payment  by tenants of utility bills for gas, electric  or  steam  service  in  a  multiple  dwelling  to which this section applies where the owner of any  such multiple dwelling, or the person, firm or corporation  to  whom  or  which  the  last  preceding bill has been rendered or from whom or which  the utility or municipality has received payment therefor, has failed to  pay such utility bills. Such rules and  regulations  shall  (a)  provide  that  utility  service  may  not  be  discontinued  to any such multiple  dwelling as long as the tenants continue  to  make  timely  payments  in  accordance  with  established  procedures; (b) include designation of an  office to advise tenants of the rights and procedures available pursuant  to such rules and regulations; (c) assure  that  tenants  shall  not  be  liable  for  bills  more than two months in arrears; and (d) require the  commission upon petition of twenty-five percent of the tenants  of  such  multiple  dwelling  to meet with representatives of such tenants and 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.

State Codes and Statutes

Statutes > New-york > Pbs > Article-2 > 33

§ 33. Discontinuance   of  residential  utility  service  to  multiple  dwellings. 1. Notwithstanding any other provisions  of  law,  no  public  utility company or municipality shall discontinue gas, electric or steam  service  to  an  entire  multiple  dwelling  (as defined in the multiple  dwelling law or the multiple residence law)  located  anywhere  in  this  state  for  nonpayment of bills rendered for service unless such utility  shall have given fifteen days written notice  of  its  intention  so  to  discontinue as follows:    (a)  Such  notice  shall  be  served  personally  on  the owner of the  premises  affected,  or  in  lieu  thereof,  to  the  person,  firm,  or  corporation  to  whom or which the last preceding bill has been rendered  and from whom or which the utility has received payment therefor, and to  the superintendent or other person in charge of the building or premises  affected,  if  it  can  be  readily  ascertained  that  there  is   such  superintendent or other person in charge.    (b)  In  lieu  of  personal delivery to the person or persons, firm or  corporation specified in (a) above, such  notice  may  be  mailed  in  a  postpaid  wrapper  to  the  address  of  such person or persons, firm or  corporation.    (c) In addition to the notice prescribed by paragraph (a)  or  (b)  of  this subdivision, fifteen days written notice shall be (i) posted in the  public areas of such multiple dwelling, (ii) mailed to the "Occupant" of  each  unit  in  that multiple dwelling, (iii) mailed to the local health  officer and the  director  of  the  social  services  district  for  the  political subdivision in which the multiple dwelling is located, (iv) if  the  multiple  dwelling is located in a city or a village, mailed to the  mayor thereof, or if there be none, to the manager, or, if the  multiple  dwelling  is  located in a town, then mailed to the town supervisor, (v)  mailed 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 (vi) mailed to the office of the New York  state  long  term  care  ombudsman,  if  the  multiple  dwelling  is   a  residential  health  care  facility  as  defined in subdivision three of  section twenty-eight hundred one of the public health law, an adult care  facility as defined in subdivision twenty-one  of  section  two  of  the  social  services  law,  or  an  assisted  living residence as defined in  subdivision one of section forty-six hundred  fifty-one  of  the  public  health  law  as  added  by chapter two of the laws of two thousand four.  Notice required by subparagraphs (iv) and (v) of this paragraph  may  be  mailed   to  the  persons  specified  therein  or  to  their  respective  designees. The  notice  required  by  this  paragraph  shall  state  the  intended  date  of  discontinuance  of  service, the amount due for such  service, and the procedure by which any tenant or public agency may make  such payment and thereby avoid discontinuance of service.    (d) The written notice required by subparagraphs (iii), (iv), (v)  and  (vi)  of  paragraph  (c)  of this subdivision shall be repeated not more  than four days nor less than two days prior to such discontinuance.    1-a. Whenever a notice of intention to discontinue utility service has  been made pursuant to the provisions of  this  section  and  obligations  owed  the  utility  or  municipality have been satisfied, the utility or  municipality shall notify, in the same manner as it gave such notice  of  intention,  the  occupant of each unit that the intention to discontinue  utility service no longer exists.    2. For the purposes of  this  section,  the  department  charged  with  enforcing  the  multiple  dwelling  law  shall prepare a schedule of all  multiple dwellings within its jurisdiction and shall provide a  copy  of  such  schedule to any gas, steam or electric corporation or municipality  subject to the provisions  of  this  section.  Such  schedule  shall  berevised  semi-annually  and a revised copy provided to such corporation.  Every county, and every municipality to which the multiple dwelling  law  does  not  apply, which county or municipality has compiled or hereafter  may  compile a listing of all multiple dwellings within its jurisdiction  shall make such listing available without charge to any  gas,  steam  or  electric corporation providing service in such county or municipality.    3.  Any  gas,  electric  or  steam  corporation  or municipality which  willfully fails to comply with the provisions of this section  shall  be  liable  for  a  penalty of twenty-five dollars for each occupied unit of  the multiple dwelling for each day during which  service  is  unlawfully  discontinued;  provided, however, that when the only non-compliance with  this section is failure to mail notice to each "Occupant" as required by  clause (ii) of paragraph (c) of subdivision one above the penalty  shall  be  twenty-five  dollars for each occupied unit of the multiple dwelling  to which notice was not mailed for each  day  during  which  service  is  unlawfully  discontinued.  An  action  to  recover  a penalty under this  section may be brought by the counsel to the commission in any court  of  competent  jurisdiction  in  this state in the name of the people of the  state of New York. Any moneys recovered in such action shall be paid  to  the state treasury to the credit of the general fund.    4.  Any person who willfully interferes with the posting of the notice  specified in clause (i) of paragraph (c) of subdivision one above by any  gas, steam or electric corporation or municipality, willfully defaces or  mutilates any such notice, or willfully removes the same from the  place  where  it  is posted by such company prior to the date specified therein  for the discontinuance of service shall be guilty of  a  violation  and,  upon  conviction,  shall be punished by a fine not exceeding twenty-five  dollars.    5. The commission shall maintain rules and regulations for the payment  by tenants of utility bills for gas, electric  or  steam  service  in  a  multiple  dwelling  to which this section applies where the owner of any  such multiple dwelling, or the person, firm or corporation  to  whom  or  which  the  last  preceding bill has been rendered or from whom or which  the utility or municipality has received payment therefor, has failed to  pay such utility bills. Such rules and  regulations  shall  (a)  provide  that  utility  service  may  not  be  discontinued  to any such multiple  dwelling as long as the tenants continue  to  make  timely  payments  in  accordance  with  established  procedures; (b) include designation of an  office to advise tenants of the rights and procedures available pursuant  to such rules and regulations; (c) assure  that  tenants  shall  not  be  liable  for  bills  more than two months in arrears; and (d) require the  commission upon petition of twenty-five percent of the tenants  of  such  multiple  dwelling  to meet with representatives of such tenants and 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-2 > 33

§ 33. Discontinuance   of  residential  utility  service  to  multiple  dwellings. 1. Notwithstanding any other provisions  of  law,  no  public  utility company or municipality shall discontinue gas, electric or steam  service  to  an  entire  multiple  dwelling  (as defined in the multiple  dwelling law or the multiple residence law)  located  anywhere  in  this  state  for  nonpayment of bills rendered for service unless such utility  shall have given fifteen days written notice  of  its  intention  so  to  discontinue as follows:    (a)  Such  notice  shall  be  served  personally  on  the owner of the  premises  affected,  or  in  lieu  thereof,  to  the  person,  firm,  or  corporation  to  whom or which the last preceding bill has been rendered  and from whom or which the utility has received payment therefor, and to  the superintendent or other person in charge of the building or premises  affected,  if  it  can  be  readily  ascertained  that  there  is   such  superintendent or other person in charge.    (b)  In  lieu  of  personal delivery to the person or persons, firm or  corporation specified in (a) above, such  notice  may  be  mailed  in  a  postpaid  wrapper  to  the  address  of  such person or persons, firm or  corporation.    (c) In addition to the notice prescribed by paragraph (a)  or  (b)  of  this subdivision, fifteen days written notice shall be (i) posted in the  public areas of such multiple dwelling, (ii) mailed to the "Occupant" of  each  unit  in  that multiple dwelling, (iii) mailed to the local health  officer and the  director  of  the  social  services  district  for  the  political subdivision in which the multiple dwelling is located, (iv) if  the  multiple  dwelling is located in a city or a village, mailed to the  mayor thereof, or if there be none, to the manager, or, if the  multiple  dwelling  is  located in a town, then mailed to the town supervisor, (v)  mailed 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 (vi) mailed to the office of the New York  state  long  term  care  ombudsman,  if  the  multiple  dwelling  is   a  residential  health  care  facility  as  defined in subdivision three of  section twenty-eight hundred one of the public health law, an adult care  facility as defined in subdivision twenty-one  of  section  two  of  the  social  services  law,  or  an  assisted  living residence as defined in  subdivision one of section forty-six hundred  fifty-one  of  the  public  health  law  as  added  by chapter two of the laws of two thousand four.  Notice required by subparagraphs (iv) and (v) of this paragraph  may  be  mailed   to  the  persons  specified  therein  or  to  their  respective  designees. The  notice  required  by  this  paragraph  shall  state  the  intended  date  of  discontinuance  of  service, the amount due for such  service, and the procedure by which any tenant or public agency may make  such payment and thereby avoid discontinuance of service.    (d) The written notice required by subparagraphs (iii), (iv), (v)  and  (vi)  of  paragraph  (c)  of this subdivision shall be repeated not more  than four days nor less than two days prior to such discontinuance.    1-a. Whenever a notice of intention to discontinue utility service has  been made pursuant to the provisions of  this  section  and  obligations  owed  the  utility  or  municipality have been satisfied, the utility or  municipality shall notify, in the same manner as it gave such notice  of  intention,  the  occupant of each unit that the intention to discontinue  utility service no longer exists.    2. For the purposes of  this  section,  the  department  charged  with  enforcing  the  multiple  dwelling  law  shall prepare a schedule of all  multiple dwellings within its jurisdiction and shall provide a  copy  of  such  schedule to any gas, steam or electric corporation or municipality  subject to the provisions  of  this  section.  Such  schedule  shall  berevised  semi-annually  and a revised copy provided to such corporation.  Every county, and every municipality to which the multiple dwelling  law  does  not  apply, which county or municipality has compiled or hereafter  may  compile a listing of all multiple dwellings within its jurisdiction  shall make such listing available without charge to any  gas,  steam  or  electric corporation providing service in such county or municipality.    3.  Any  gas,  electric  or  steam  corporation  or municipality which  willfully fails to comply with the provisions of this section  shall  be  liable  for  a  penalty of twenty-five dollars for each occupied unit of  the multiple dwelling for each day during which  service  is  unlawfully  discontinued;  provided, however, that when the only non-compliance with  this section is failure to mail notice to each "Occupant" as required by  clause (ii) of paragraph (c) of subdivision one above the penalty  shall  be  twenty-five  dollars for each occupied unit of the multiple dwelling  to which notice was not mailed for each  day  during  which  service  is  unlawfully  discontinued.  An  action  to  recover  a penalty under this  section may be brought by the counsel to the commission in any court  of  competent  jurisdiction  in  this state in the name of the people of the  state of New York. Any moneys recovered in such action shall be paid  to  the state treasury to the credit of the general fund.    4.  Any person who willfully interferes with the posting of the notice  specified in clause (i) of paragraph (c) of subdivision one above by any  gas, steam or electric corporation or municipality, willfully defaces or  mutilates any such notice, or willfully removes the same from the  place  where  it  is posted by such company prior to the date specified therein  for the discontinuance of service shall be guilty of  a  violation  and,  upon  conviction,  shall be punished by a fine not exceeding twenty-five  dollars.    5. The commission shall maintain rules and regulations for the payment  by tenants of utility bills for gas, electric  or  steam  service  in  a  multiple  dwelling  to which this section applies where the owner of any  such multiple dwelling, or the person, firm or corporation  to  whom  or  which  the  last  preceding bill has been rendered or from whom or which  the utility or municipality has received payment therefor, has failed to  pay such utility bills. Such rules and  regulations  shall  (a)  provide  that  utility  service  may  not  be  discontinued  to any such multiple  dwelling as long as the tenants continue  to  make  timely  payments  in  accordance  with  established  procedures; (b) include designation of an  office to advise tenants of the rights and procedures available pursuant  to such rules and regulations; (c) assure  that  tenants  shall  not  be  liable  for  bills  more than two months in arrears; and (d) require the  commission upon petition of twenty-five percent of the tenants  of  such  multiple  dwelling  to meet with representatives of such tenants and 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.