N.Y. Public Service Law § 31: Applications for service

§ 31. Applications for service. 1. Every gas corporation, electric

corporation or municipality shall provide residential service upon the

oral or written request of an applicant, provided that the commission

may require that requests for service be in writing under circumstances

as it deems necessary and proper as set forth by regulation, and

provided further that the applicant:

(a) makes full payment for residential utility service provided to a

prior account in his name; or

(b) agrees to make payments under a deferred payment plan of any

amounts due for service to a prior account in his name and makes a down

payment based on criteria to be established by the commission. No such

down payment shall exceed one-half of any money due from an applicant

for residential utility service, or three months average billing,

whichever is less; or

(c) is a recipient of public assistance, supplemental security income

or additional state payments pursuant to the social services law, or is

an applicant for such assistance, income or payments, and the utility

corporation or the municipality receives payment from, or is notified of

the applicant's eligibility for utility payments by the social services

official of the social services district in which such person resides

for amounts due for service to a prior account in the applicant's name,

together with guarantee of future payments to the extent authorized by

the social services law.

2. In the event a utility corporation or municipality denies an

applicant's application for service it shall provide prompt written

notice to such applicant of its reasons for denying service, specify

what the applicant must do to qualify for service, and advise the

applicant of his right to investigation and review of the denial of

service by the department if the applicant considers such denial to be

without justification. Any such notice denying service shall be sent to

an applicant within three business days after either a completed oral or

written application for service is received, provided however, the

commission may specify a different period for good cause. The commission

may also establish such additional notice requirements upon a utility

corporation or municipality as it believes necessary to assure

reasonable notification and protection for applicants.

3. Subject to the requirements of subdivisions four and five of this

section, whenever a residential customer moves to a new residence within

the service territory of the same utility corporation or municipality,

he shall be eligible to receive service at the new residence and such

service shall be considered a continuation of service in all respects,

with any deferred payment agreement honored, and with all rights of such

customer and such utility corporation provided by this article

unimpaired.

* 4. In the case of any application for service to a building which is

not supplied with electricity or gas, a utility corporation or

municipality shall be obligated to provide service to such a building,

provided however, that the commission may require applicants for service

to buildings located in excess of one hundred feet from gas or electric

transmission lines to pay or agree in writing to pay material and

installation costs relating to the applicant's proportion of the pipe,

conduit, duct or wire, or other facilities to be installed.

* NB Effective until December 19, 2026

* 4. In the case of any application for electric service to a building

which is not supplied with electricity, a utility corporation or

municipality shall be obligated to provide electric service to such a

building, provided however, that the commission may require applicants

for service to buildings located in excess of one hundred feet from

electric transmission lines to pay or agree in writing to pay material

and installation costs relating to the applicant's proportion of the

pipe, conduit, duct or wire, or other facilities to be installed.

* NB Effective December 19, 2026

* 4-a. In the case of any application for gas service to a building

which is not supplied with gas, a utility corporation or municipality

shall be obligated to provide gas service to such building, provided

however, that the commission shall require applicants for gas service to

such building to pay or agree in writing to pay material and

installation costs relating to the pipe or other facilities to be

installed to enable service to the applicant.

* NB Effective December 19, 2026

5. A utility corporation or municipality shall institute service to

any applicant who meets the requirement of subdivision one of this

section, within five business days after such applicant applies for

service, provided however, such requirement shall not apply where the

institution of service within five business days is prevented by adverse

weather conditions, serious physical impediments, construction

requirements, labor disputes or law. A utility corporation or

municipality shall initiate service promptly to applicants, and any such

corporation or municipality which fails to provide timely service to an

applicant as required by this subdivision without good cause as

determined by the commission, shall forfeit and pay to such applicant

the sum of twenty-five dollars per day for each day that such service is

not supplied. The chairman shall designate such officers and employees

as he deems necessary to act on complaints relating to applications for

service.

6. In the event the service sought in applications submitted pursuant

to this section is comprised of the provision of gas or electricity

commodity only, nothing in this section shall require the provision of

such service to any and all such applicants; provided, however, that

nothing in this subdivision shall prevent or preclude the commission or

a court from ordering the provision of such service to all such

applicants if such order is authorized pursuant to or required to

implement a provision of law other than this article.