N.Y. Public Service Law § 37: Deferred payment agreements

§ 37. Deferred payment agreements. 1. No utility corporation or

municipality shall terminate or refuse to take all actions within such

corporation or municipality's control and, where applicable, consistent

with the provisions of the agreement for commodity service, if any,

between the corporation and the customer, provided such provisions are

consistent with this article, to restore service to a residential

customer, because of arrears owed the utility corporation or

municipality, unless the utility or municipality offers such customer a

deferred payment agreement for such arrears; provided, however, that a

deferred payment agreement under this article shall not be available to

any customer who the commission determines has the resources available

to pay his bill, and provided further, however, that any such agreement

may provide for the customer to make a downpayment of the arrears,

provided that no such downpayment shall exceed one-half of the amount of

arrears or three months average billing, whichever is less. In addition,

the commission shall provide by regulation that (a) all deferred payment

agreements authorized by this article be fair and equitable, considering

the customer's financial circumstances; (b) that such agreements

obligate customers to make timely payment of current charges for service

together with payment of arrears during the pendency of the agreements;

that such agreements may be renegotiated and amended where the customer

can demonstrate that there have been significant changes in his or her

financial circumstances which have arisen due to conditions beyond the

customer's control, and that, if the customer receives a utility service

by the receipt of portions of such service from each of two or more

utility corporations and is billed for such service through a single

bill, the payments pursuant to the deferred payment agreement for

current charges shall be allocated to each such utility corporation

based on the current charges owing to each and the payments for arrears

shall be allocated equitably on a pro-rata basis between such utility

corporations based on the amount of arrears owing to each.

2. Upon offering any deferred payment agreement, and prior to the

signing thereof, a utility corporation or municipality shall give a

customer a copy of the agreement, in a form established or affirmatively

approved by the commission, which shall contain a conspicuous, bold type

notice that the customer may request the assistance of the commission in

reaching an agreement. Any such agreement shall be signed in duplicate

by the utility or municipality and the customer and each shall receive a

signed copy thereof.