N.Y. Public Service Law § 33: Discontinuance of residential utility service to multiple dwellings

§ 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 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 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.