N.Y. Public Service Law § 116: Discontinuance of water service to multiple dwellings

§ 116. Discontinuance of water service to multiple dwellings. 1.

Notwithstanding any other provisions of law, no public utility company

shall discontinue water 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 (a) or (b) above, 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, and (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. Notice required by (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 clauses (iii), (iv) and (v) of

paragraph (c) above 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 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 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 water corporation subject to the provisions of this

section. Such schedule shall be revised 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 water corporation providing service in

such county or municipality.

3. Any water corporation 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 monies 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

water corporation, 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 water 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 has

received payment therefore, has failed to pay such utility bills. Such

rules and regulations shall (i) 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; (ii) include designation of an office to advise tenants of

the rights and procedures available pursuant to such rules and

regulations; (iii) assure that tenants shall not be liable for bills

more than two months in arrears; and (iv) 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

therefore.