N.Y. Public Service Law § 34: Discontinuance of utility service in two family dwellings

§ 34. Discontinuance of utility service in two family dwellings. 1.

Notwithstanding any other provision of law, no utility corporation or

municipality shall terminate gas or electric service to a two family

dwelling that it knows contains units where service is not metered

separately unless such utility or municipality shall have given fifteen

days' written notice of its intention to terminate service as follows:

(a) a copy of such notice shall be mailed to the owner of the premises

affected, or in lieu thereof, to the person, firm or corporation to whom

or which the last preceding service bill has been rendered, and

(b) a copy of such notice shall be mailed or otherwise delivered to

each occupied unit, and

(c) where possible, a copy of such notice shall be posted in a

conspicuous place at or within the dwelling.

2. The commission shall affirmatively approve or provide for the form

and content of notices required by subdivision one of this section. Such

notices shall state the intended date of termination of service, the

amount due for such service, and the procedure by which any occupant may

make payment or take action to avoid termination of service.

3. The commission shall provide by regulation:

(a) that any occupant may prevent termination of service if such

occupant applies for and is eligible for such service;

(b) that any occupant may prevent termination of service by making

payments in accordance with established procedures. In no event shall

such payments include bills more than two months in arrears. Any

occupant who chooses to pay current charges shall not be liable for any

future bills which may be rendered for utility service supplied to the

dwelling. The utility corporation or municipality shall continue to

render all bills to the customer with a copy to be sent to any occupant

upon request; and

(c) staff to advise occupants of the provisions of this section and

the commission's regulations.

4. Whenever the obligations owed to the utility corporation or

municipality for service to a dwelling have been satisfied, the

corporation or municipality shall notify an occupant of each dwelling

which was given notice of intent to terminate service.