State Codes and Statutes

Statutes > New-york > Pbs > Article-2 > 36

§ 36. Residential  service  deposits.  1.  On and after January first,  nineteen hundred eighty-two,  no  utility  corporation  or  municipality  shall  require  any  new  residential customer, other than a seasonal or  short term customer, to post  a  security  deposit  as  a  condition  of  receiving  utility  service.  In  addition,  no  utility  corporation or  municipality shall after the first day of  September,  nineteen  hundred  eighty-two,  or  such  earlier  date  as  the  commission may determine,  require a current residential customer to post a security deposit  other  than such a customer who is delinquent according to standards set by the  commission.  Deposits  held  on  the  first  day  of September, nineteen  hundred  eighty-two,  or  such  earlier  date  as  the  commission   may  determine,  shall be returned to the customer immediately, but not later  than the next bill for service; provided, however, that  this  provision  shall  not  apply  to  deposits  of  delinquent  customers.  No  utility  corporation or municipality shall require any known recipient of  public  assistance,  supplemental  security  income benefits or additional state  payments to post a security deposit as a condition of receiving service.    2. Notwithstanding the provisions of subdivision one of this  section,  the  commission,  after  investigation  and  hearing,  may authorize any  utility  corporation  or  municipality  to  require  and  hold  security  deposits  from  residential  customers  or applicants for service upon a  finding that the collection and maintenance of  such  deposits  is  cost  effective  to the utility as a whole without regard to cash flow and the  availability of capital.    3. In any case where customer deposits are authorized by this section,  a  utility  corporation  or  municipality  may  require  a  customer  or  applicant  for service to deposit a reasonable sum of money according to  the estimated quantity of such services necessary to supply the customer  or applicant for service for two months,  to  secure  payment  for  such  services  actually  rendered, or for the rental of fixtures, instruments  and facilities actually supplied. Every  such  utility  corporation  and  municipality shall allow to every such customer or applicant for service  interest  on the sum deposited at a rate per annum to be prescribed from  time to time and at least annually by the commission in light of current  economic conditions and current charges paid for moneys borrowed by such  utility, taking into account the expenses incurred by  such  utility  in  obtaining,  handling,  returning  or  crediting  the sum deposited. Such  interest shall be paid upon the return of the deposit, provided however,  that whenever such deposit has been held for a period of one  year,  the  interest  shall  be credited to the customer or applicant for service on  the first billing for utility service rendered after  the  end  of  such  period.  If a customer or applicant for service is not delinquent in the  payment of any billing during such one year period, the deposit shall be  refunded promptly at the end thereof, without prejudice to the utility's  or municipality's right to require a deposit thereafter in the event  of  a  delinquency. All utility corporations and municipalities shall exempt  from deposit requirements any customer or applicant for service  who  is  sixty-two  years  of  age or older, unless the customer or applicant for  service is  a  bad  credit  risk  according  to  standards  set  by  the  commission.

State Codes and Statutes

Statutes > New-york > Pbs > Article-2 > 36

§ 36. Residential  service  deposits.  1.  On and after January first,  nineteen hundred eighty-two,  no  utility  corporation  or  municipality  shall  require  any  new  residential customer, other than a seasonal or  short term customer, to post  a  security  deposit  as  a  condition  of  receiving  utility  service.  In  addition,  no  utility  corporation or  municipality shall after the first day of  September,  nineteen  hundred  eighty-two,  or  such  earlier  date  as  the  commission may determine,  require a current residential customer to post a security deposit  other  than such a customer who is delinquent according to standards set by the  commission.  Deposits  held  on  the  first  day  of September, nineteen  hundred  eighty-two,  or  such  earlier  date  as  the  commission   may  determine,  shall be returned to the customer immediately, but not later  than the next bill for service; provided, however, that  this  provision  shall  not  apply  to  deposits  of  delinquent  customers.  No  utility  corporation or municipality shall require any known recipient of  public  assistance,  supplemental  security  income benefits or additional state  payments to post a security deposit as a condition of receiving service.    2. Notwithstanding the provisions of subdivision one of this  section,  the  commission,  after  investigation  and  hearing,  may authorize any  utility  corporation  or  municipality  to  require  and  hold  security  deposits  from  residential  customers  or applicants for service upon a  finding that the collection and maintenance of  such  deposits  is  cost  effective  to the utility as a whole without regard to cash flow and the  availability of capital.    3. In any case where customer deposits are authorized by this section,  a  utility  corporation  or  municipality  may  require  a  customer  or  applicant  for service to deposit a reasonable sum of money according to  the estimated quantity of such services necessary to supply the customer  or applicant for service for two months,  to  secure  payment  for  such  services  actually  rendered, or for the rental of fixtures, instruments  and facilities actually supplied. Every  such  utility  corporation  and  municipality shall allow to every such customer or applicant for service  interest  on the sum deposited at a rate per annum to be prescribed from  time to time and at least annually by the commission in light of current  economic conditions and current charges paid for moneys borrowed by such  utility, taking into account the expenses incurred by  such  utility  in  obtaining,  handling,  returning  or  crediting  the sum deposited. Such  interest shall be paid upon the return of the deposit, provided however,  that whenever such deposit has been held for a period of one  year,  the  interest  shall  be credited to the customer or applicant for service on  the first billing for utility service rendered after  the  end  of  such  period.  If a customer or applicant for service is not delinquent in the  payment of any billing during such one year period, the deposit shall be  refunded promptly at the end thereof, without prejudice to the utility's  or municipality's right to require a deposit thereafter in the event  of  a  delinquency. All utility corporations and municipalities shall exempt  from deposit requirements any customer or applicant for service  who  is  sixty-two  years  of  age or older, unless the customer or applicant for  service is  a  bad  credit  risk  according  to  standards  set  by  the  commission.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-2 > 36

§ 36. Residential  service  deposits.  1.  On and after January first,  nineteen hundred eighty-two,  no  utility  corporation  or  municipality  shall  require  any  new  residential customer, other than a seasonal or  short term customer, to post  a  security  deposit  as  a  condition  of  receiving  utility  service.  In  addition,  no  utility  corporation or  municipality shall after the first day of  September,  nineteen  hundred  eighty-two,  or  such  earlier  date  as  the  commission may determine,  require a current residential customer to post a security deposit  other  than such a customer who is delinquent according to standards set by the  commission.  Deposits  held  on  the  first  day  of September, nineteen  hundred  eighty-two,  or  such  earlier  date  as  the  commission   may  determine,  shall be returned to the customer immediately, but not later  than the next bill for service; provided, however, that  this  provision  shall  not  apply  to  deposits  of  delinquent  customers.  No  utility  corporation or municipality shall require any known recipient of  public  assistance,  supplemental  security  income benefits or additional state  payments to post a security deposit as a condition of receiving service.    2. Notwithstanding the provisions of subdivision one of this  section,  the  commission,  after  investigation  and  hearing,  may authorize any  utility  corporation  or  municipality  to  require  and  hold  security  deposits  from  residential  customers  or applicants for service upon a  finding that the collection and maintenance of  such  deposits  is  cost  effective  to the utility as a whole without regard to cash flow and the  availability of capital.    3. In any case where customer deposits are authorized by this section,  a  utility  corporation  or  municipality  may  require  a  customer  or  applicant  for service to deposit a reasonable sum of money according to  the estimated quantity of such services necessary to supply the customer  or applicant for service for two months,  to  secure  payment  for  such  services  actually  rendered, or for the rental of fixtures, instruments  and facilities actually supplied. Every  such  utility  corporation  and  municipality shall allow to every such customer or applicant for service  interest  on the sum deposited at a rate per annum to be prescribed from  time to time and at least annually by the commission in light of current  economic conditions and current charges paid for moneys borrowed by such  utility, taking into account the expenses incurred by  such  utility  in  obtaining,  handling,  returning  or  crediting  the sum deposited. Such  interest shall be paid upon the return of the deposit, provided however,  that whenever such deposit has been held for a period of one  year,  the  interest  shall  be credited to the customer or applicant for service on  the first billing for utility service rendered after  the  end  of  such  period.  If a customer or applicant for service is not delinquent in the  payment of any billing during such one year period, the deposit shall be  refunded promptly at the end thereof, without prejudice to the utility's  or municipality's right to require a deposit thereafter in the event  of  a  delinquency. All utility corporations and municipalities shall exempt  from deposit requirements any customer or applicant for service  who  is  sixty-two  years  of  age or older, unless the customer or applicant for  service is  a  bad  credit  risk  according  to  standards  set  by  the  commission.