N.Y. Energy Law § 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.