shutterstock_127267256The rights of residential customers of electricity and natural gas utilities in New York State are set forth in the Home Energy Off-white Practices Act of 1981 (HEFPA) and the Energy Consumer Protection Act of 2002 (ECPA). These statutes are implemented, interpreted and administered primarily through state Public Service Commission (PSC).

Although the PSC resolves utility complaints and disputes, utilities as well must establish their own complaint handling procedures to reduce the need for PSC intervention. The PSC evaluates complaint statistics for utilities it regulates and may establish performance incentives or sanctions to address high complaint rates. The PSC can likewise revoke an unregulated energy service company'due south (ESCO'southward) ability to sell electricity or gas if the number of legitimate complaints brought confronting is excessive.

Delight click on the pointer ( V ) to admission the answer to each question.

Getting Service

Q. How exercise I get service?

A. You lot tin can utilize for electricity and natural gas service by calling the utility and giving your name, address, phone number, and prior account number, if any. If your verbal application for service is denied or not acted upon, you take the right to complain to the Public Service Commission.

Sometimes the utility requires a written application. This can happen when a onetime customer's service at your residence was terminated for non-payment, the meter has advanced or been tampered with since the final client left, or your application is made in your proper name by someone else.

The utility must notify y'all within two business days if it will require a written application and why your exact application is not sufficient. It can also require reasonable proof of your identify to verify your proper name and prior address and so you may exist asked to provide your driver's license or credit card. The utility may also inquire for proof of responsibility for service at your new residence and will inquire to see a lease, human action, beak of sale, or other certificate showing you occupy the bounds. The utility cannot require yous to give your Social Security number every bit a condition of receiving service.

Q. Tin can a utility refuse me service if I owe them money on a previous account in my name?

A. The utility must provide service to you lot, even if you owe money on a previous account in your proper name, if y'all:

  • Pay the amount you owe in total; or
  • Make a payment agreement to pay off the amount y'all owe in installments over fourth dimension. The utility must offering and negotiate such an agreement to you lot; or
  • Have a dispute with the utility apropos the amount which has non been paid awaiting with the Public Service Commission (PSC) in a complaint proceeding; or
  • Are receiving or have practical for public assistance, Supplemental Security Income, and the local social services office has agreed to pay for all or a portion of amounts owed on your previous account and agreed to provide the utility with a guarantee of future payments on your new business relationship; or
  • The PSC hotline directs the utility to provide you with service.

Q. I simply moved into an apartment where an old tenant, non on the charter, had the utility account in his name. He was pocketing the money from the roommates and did not pay the neb. He has now moved out and our electricity was close off two weeks ago. We have a neb for $3200 and the utility will non allow me to open a new account in my name without a new lease. Is in that location any legal recourse? I cannot afford to pay this bill for which I am not responsible.

A. Public Service Law 31 requires the utility to provide service to an occupant who does not owe the company coin for past service in his or her name.

Applications for service may be made verbally (usually by phone) or in writing. Where there are arrears from a prior account at the bounds, the company may require a new bidder for service to make a written application and provide proof of identity. This may be done at utility company offices.

Service is available to an "occupant" whether or not they are named on a written lease. A lease is not a precondition to receiving utility service, but if you are on a lease it tin exist ane way to provide show you are an occupant at the premises.

Other evidence of one's occupancy at a particular accost should be acceptable including a driver's license, passport address, other ID with the address and postal service received at the accost.

The utility is required to provide service to a new applicant within 5 days and must provide written find of denial if information technology refuses service. A denial of service should include detailed information about how the denial may be reviewed past the Public Service Commission (PSC).

If the utility refuses service the bidder can call the PSC Hotline if service is off or is most to be close off one-800-342-3355.

An applicant whose request for service has been denied can also order a formal complaint near a denial of service by calling the PSC at i-800-342-3377. Complaints may also be made lodged in person at PSC offices, by mail to the PSC and on their website.

Q. I just moved into an apartment with my son. The landlord requires that I put electric service in my proper name. I called the utility to asking service. The utility refused, proverb there is a balance of about $2,400 on an quondam account that was in my proper noun from a place my partner and I shared over 7 years ago. My son was born when I lived in that location, I was staying at dwelling and my partner was supposed to be paying the utility bill. Evidently that didn't happen, I never knew until now he hadn't paid on the bill which was in my name. We are no longer together. Now I can't get the electricity turned on as required by the landlord as a status of my tenancy. Can a New York Utility Deny Service for Nonpayment of Charges which are more than Six Years Old?

A. The relationship between the customer and the utility is that of contract, shaped by approved utility tariffs and the Public Service Law and PSC Regulations and Orders. Nether established exercise the PSC only volition hear and decide claims regarding by charges for a period of six years after they were made. This limitation period is patterned afterwards the half dozen year contract statute of limitations under CPLR §213. Thus, the PSC does non hear client claims for refunds more than vi years later charges were fabricated, and in some cases it has airtight the door to refund of overcharges for bottom periods.  The PSC should non permit utilities to withhold essential utility service to collect stale charges, which they could have attempted to collect through conventional judicial remedies, more than six years subsequently the charges were allegedly incurred.

Also, the Domicile Energy Fair Practices Human action establishes a policy of continued residential service without unreasonable weather condition or delays.  Conditioning service on repayment of charges the utility would accept no correct to collect in court would be unreasonable and could cause delays in service inconsistent with the statute.

Suggestions:  (1) The six year statute of limitation on contracts would have expired if the bill the utility is trying to collect by withholding service is 7 years sometime. Enquire the utility to reconsider and for an explanation of why service is beingness denied for claimed arrears that are more than than six years old.   (2) Inquire the utility for a written caption of why y'all are being denied service which states the facts and legal ground the utility claims allows denial of service for bills more than six years quondam. (3) If not satisfied past the utility response, complain to the PSC and ask the PSC to determine the issue. Information on how to make a complaint to the PSC past telephone or cyberspace or mail service is here.  (4) If service is off due to the dispute, phone call the PSC Hotline at i-800-342-3355

Customers wrongfully denied service within 5 days of their application may be entitled to $25 per twenty-four hour period from the utility for each day afterward the wrongful denial, under PSL §31.v.

Q. How volition I know if the utility intends to deny me service?

A. If the utility intends to deny your application, it must send you a written notice within three concern days of your date of awarding, informing you of the reasons for the deprival and the steps you must take to get service (such equally a Deferred Payment Agreement). And yous take a right to a PSC investigation and review of the denial, including the appropriate accost and telephone number for filing the complaint and the PSC hotline number (ane-800-342-3355).

If y'all take not received service or a notice inside three business concern days, you may deem your application for service to have been denied and complain to the PSC by calling ane-800-342-3377 or file a written complaint with the PSC.

Q. When Can The Utility Demand A Deposit?

A. In full general, residential service must exist provided with no deposit to an applicant. Deposits may not be required from recipients of public assistance or Social Security Income. The law and regulation permit the utility to require a deposit in the post-obit situation:

  • When the applicant is a short term client who is divers as "a person who requires service for a specified period of time that does not exceed one year."
  • When the bidder is a seasonal customer who is defined equally "a person who applies for and receives utility service periodically each twelvemonth, intermittently during the twelvemonth, or at other irregular intervals."
  • If the applicant's utility service was terminated for nonpayment during the preceding half dozen months.

Upkeep Billing

Q. What is budget billing?

A. When customers choose to take a "Budget Billing" or "Levelized Payment" plan, the utility predicts what future bills will exist based on the prior year'due south bills and predictable changes going forrad (east.k., college rates). The customer pays a level amount each month. If at the finish of the budget year, the corporeality paid nether a upkeep billing program is more than than bodily charges, so the client gets a credit. If the customer pays less than actual charges, the customer must brand upward the difference.

Q. Does budget billing touch on the amount I pay for service?

A. No. Upkeep billing plans are intended mainly to level out swings in utility bills due to seasonal changes in customer consumption. For example, winter heating bills could be spread over the year by starting to pay on the programme before the season started while consumption is low, paying less than the corporeality otherwise due in wintertime when more energy was used and again paying more than than the amount otherwise due in springtime.

Q. Will budget billing affect my eligibility for the federal Emergency Dwelling house Energy Assistance Program (EHEAP)?

A. Maybe. Some customers, particularly those on fixed incomes, may find budget billing plans helpful. Others may not, particularly if they might otherwise qualify for depression-income heating assistance under the Emergency Abode Energy Assist Programme. That program closes April 23, so a budget billing client who at present has a deficiency at the terminate of the budget menses due to higher than predicted heating bills, and then has a threatened termination when he cannot pay that deficiency, will not obtain emergency EHEAP to prevent the termination.

A similarly situated neighbor not on budget billing, whose heat-related bill-payment crisis occurs during the winter time when EHEAP is available, may qualify for several hundred dollars of federal assistance. Other customers may exist less trustful of utility billing and record keeping and may wish to remain on a pay-as-you-go ground.  Thus, budget billing is not optimal for anybody.  Customers should take into business relationship their individual circumstances earlier entering into a budget programme.

Q. Does budget billing remove the volatility of utility bills?

A. Partly. Some utilities may argue that vulnerable customers can use budget billing plans to defend themselves from wholesale market toll swings being passed through to customers without sufficient price hedging by the utility nether monthly charge per unit adjustment mechanisms canonical past the Public Service Commission (PSC). The PSC, in its orders creating retail competition, adopted volatile pricing methodologies on the theory that if customers adopt stable utility rates, the competitive market will provide the stability desired by consumers. In some of its restructuring orders the PSC allowed utilities to pass through insufficiently hedged wholesale prices, resulting in toll volatility for customers. Electrical customers in upstate New York generally do non have such a pass through of volatile wholesale prices under their rate plans.

Complaints

Q. We paid our electric bills on fourth dimension every month. We had to suspension out lease early because of rats and not-stop construction and after endmost out our account, were told nosotros owed the utility $4000. When asked why they said they had billed us incorrectly. The meter was getting high readings as of October but they rejected them only to realize they were real 4 months later (which is when they notified usa). We are not sure if the readings are because of issues in the building (non cease construction) or if they are accurate, why didn't they notify us? Because of this, we had no class of recourse or the power to change our actions. We received not a unmarried notification. Then, because we airtight our account, they said we have no ability to dispute the charge. Who should we contact? And would a lawyer exist a stronger move than complaining to the PSC

A. If yous want to dispute the charges on your neb, you can file a complaint with the PSC and ask for a written determination. The administrative proceedings are designed for customers without attorneys. You do demand to make an effort to mutter first to the utility before seeking a decision from the PSC.

If yous are non satisfied, an initial determination,is reviewable at an administrative hearing (or review on papers if you choose) at the PSC, and that decision tin can be appealed to the PSC Commissioners, who in their discretion can determine it. From a final authoritative determination, judicial review tin be sought in state Supreme Courtroom, in Albany County, nether CPLR Article 78. The court normally defers to the bureau on matters of fact decided by the agency and on matters within agency expertise, and so only rarely does judicial review reverse a PSC conclusion in a complaint case.

PSC information on how to file complaints is at the link below. You can complain online, which may be improve as it preserves in your own words your written caption of the complaint and what you want the utility or PSC to do. Nosotros propose you lot copy your complaint before you button the send push button, the confirming email may not include a copy of your complaint:

After receiving your complaint, the PSC bucks the matter back to the utility to give them one more than gamble to reply to you. If that does not satisfy you, and you withal want the PSC to decide the matter, you must renew your complaint with the PSC. Only then does the PSC "escalate" the instance and begin to adjudicate the complaint.

So one needs to complain twice (three times if ane counts the first complaint to the utility) in society to get a written ruling from the PSC on a customer complaint.

If you open a new account at a new address in the same name every bit the one-time account, the utility tin withhold service unless you pay or make arrangements to pay the arrears. Payment plans must exist negotiable based on the customer'south ability to pay.

If you do not open a new account, the utility might sue in court for a judgment to collect the alleged arrears. If such a adjust is brought against you, submitting an respond, with any defenses you take, will bar a default judgment and the utility will bear the burden to motion for summary judgment or show you lot owe the coin at a trial.

Q. I just received a neb from the utility for $thirteen,000. I tin't pay it. I take paid my bill every calendar month.The utility says all my bills were estimated bills since 2008, now they have fabricated an bodily reading and I owe $13,000. I deceit believe I owe that much money for electricity. I am on disability and don't have the money. I rent 1 unit of measurement in a ii family unit duplex.

A. You have several alternatives:

  • You can  have the meter checked for accuracy.
  • If you have reason to believe service was diverted to the other housing unit you tin request and obtain a shared meter investigation from the utility.
  • If the reason for the backbill is not due to error on your part you cannot exist shut off due to arrears more than one year old.  In that example y'all would remain liable for the debt, but service could non be shut off to collect it.
  • If you cannot afford to pay what you ultimately owe y'all should be able to negotiate a deferred payment agreement based on your individual financial circumstances.
  • If you do non receive satisfaction with the utility you tin mutter to the PSC.  The PSC will refer the issue to the utility to review again, and if you lot are still not satisfied you lot can telephone call the PSC and inquire them to outcome a written decision on your complaint, and  you lot may seek further review if you are not satisfied with the PSC'southward initial decision.

Preventing Terminations (Shut Offs)

Q. Can the utility shut off my service?

A. A utility can't cease your electric or gas service unless you lot fail to:

  • Pay charges for services rendered in the by twelve months or longer in certain situations;
  • Make payments nether a written Deferred Payment Understanding (DPA). All the same, a DPA can be renegotiated if your fiscal circumstances change;
  • Pay or agree in writing to pay equipment and installation charges related to the initiation of service; or
  • Pay a lawfully required eolith, and
  • The utility gave you lot a find in writing at least 15 days in advance that it plans to shut off your service. During that time you can pay the overdue neb or make a payment agreement on the overdue corporeality to forestall termination. Termination notices may non be sent until at least 20 days after payment was due.

Q. When can service be shut off?

A. At least fifteen days subsequently service of a final termination notice which cannot exist sent out until xx days later the payment was due.

Utilities tin shut off your service only:

  • Between the hours of eight a.m. and four p.one thousand.
  • From Monday through Thursday, NEVER ON Friday.

Your service cannot be shut off on a public holiday, the day before a holiday, the week period between and including Christmas and New Year'due south Day, or on any solar day before your utility business office airtight.

Q. When is the utility prohibited from shutting off service?

A. Service cannot be shut off past the utility if:

  • A Concluding Termination Observe has not been sent to yous;
  • A doctor certifies to your utility that at that place is a medical emergency;
  • You accept an unresolved billing dispute with your utility or the Public Service Commission (PSC) concerning the amount owed;
  • You fill up payment of the corporeality owed when your utility comes to close off service; or
  • You brand a payment agreement with your utility which covers the corporeality owed.

Q. I rent my apartment in a multiple unit edifice and utilities are included in my hire. Tin the utility shut off my service if my landlord doesn't pay his bill?

A. Yeah, but y'all take to be notified of the trouble and provided with an opportunity to avoid termination.

To give notice the utility must:

  • Provide written notice termination to the owner and superintendent or other person in charge of the building at to the lowest degree xv days before termination date. During cold weather condition (November i - April l5), 30 days notice must be given for termination of heat-related service; and;
  • Postal service written observe of termination in your domicile'due south public areas at to the lowest degree fifteen days before the intended termination (30 days during the cold weather flow for heat-related service); and
  • Mail written discover of termination to each occupant of your domicile at to the lowest degree l8 days earlier the intended termination (xxx days during the cold weather menstruation for heat-related service); and;
  • Mail notice to specified public officials. The notice must be repeated to almost of these officials 2-four days before service is terminated.

Opportunity to Avoid Termination

If occupants of your dwelling make timely payments for electric current service, the utility can't terminate service because the possessor failed to brand such payments. And the utility can't require them to pay annihilation more than than the current charges incurred by the landlord. In addition, occupants making utility payments are permitted to deduct their payments from future rent payments.

If occupants in your domicile can't attain an agreement with the utility to prevent termination, contact the Public Service Commission (PSC), who will attempt to negotiate such an agreement with the utility. In certain situations, the PSC will stay a threatened termination if the occupants are making adept faith efforts pay current bills.

Q. I am a tenant in a two family dwelling with one utility meter and my utilities are included in my rent. Tin the utility close off my service if my landlord doesn't pay his bill?

A. When the utility knows that a single meter measures utility service to both units of your dwelling, it must comply with the following procedures before terminating service:

To requite notice the utility must:

  • Give the possessor notice 15 days before termination (30 days during the common cold weather period), and to the occupant of each occupied unit; and
  • Where possible, mail a copy of the discover of its intent to terminate service in a conspicuous identify at or within the dwelling.

Opportunity to Avoid Termination

Any occupant of a ii-family unit dwelling non metered separately may preclude termination of service by:

  • Paying current charges. If you pay current charges you are not liable for hereafter bills rendered for service. Future bills will continue to the owner (you can receive a copy). Yous tin fix off whatsoever payments you brand against your rent.
  • Applying for service in your own name, thus making y'all liable for hereafter payments. In that location are two potential problems with this option. Start, you get responsible for service. 2d, if the meter registers service to two apartments, the responsible tenant creates a "shared meter," which is against public policy.

Q. What if I have a medical emergency or am blind, disabled or elderly or in cases of common cold weather, can my electricity and heat be terminated?

A. In that location are special safeguards against terminations in the following three situations:

  • In medical emergencies;
  • To elderly, blind or disabled customers; and
  • In cold conditions periods for heat-related electric or gas service.

In medical emergencies, termination is generally delayed. In the case of the elderly, blind or disabled customers or cold weather, a utility may eventually end service after complying with specific Public Service Commission (PSC) requirements.

In each of these situations, the customer remains liable for the costs of service and must make reasonable efforts to pay.

Q. What happens if I accept a medical emergency?

A. When your utility is notified by your medico or the local Board of Health that a medical emergency exists that will be aggravated by the lack of utility service, it has to keep your service on or restore your service for thirty days. The notification may exist made by phone, but must exist followed within five business concern days by written certification, which should be on the md'south letterhead. This certificate may be renewed for an boosted 30 days by the doctor who must explain how long the condition will last and you must show why you are unable to pay your utility beak. If your medical condition is chronic, a longer time period can exist approved.

If utility service is required to operate a life support arrangement (ventilator, dialysis car) the doctor'southward certificate remains effective unless terminated by the Public Service Commission (PSC). However, every three months, yous must show your utility why you can't pay your bill. Your utility will code your account to ensure service is continued to your residence.

If the utility intends to terminate service to a medical emergency account, information technology must send a final termination find fifteen days prior to the date of termination.

During the medical emergency your obligation to pay the bill is suspended and you may owe a large amount at the end of the medical emergency. The PSC required to help you lot work out payment arrangements to avoid arrearages at the terminate of the emergency.

Insulin Refrigeration - Utilities sometimes refuse to continue electric service even when it is needed to refrigerate insulin needed by diabetics. Insulin is sensitive to temperature changes and using a libation with ice, sometimes suggested past utilities, is not a proper way to store information technology.

Q. Where can I find an case of a medico'due south certification of a medical emergency?

Q. What are the special procedures to protect the elderly, blind or disabled customers from termination?

A. Utilities must follow special procedures before terminating or refusing to restore service to customers who are identified as bullheaded, disabled or 62 years of age or older. Nevertheless, these protections just utilise if all the remaining household residents are bullheaded, disabled, age 62 or older or age l8 or younger.

When these circumstances are known, the utility must diligently try to contact an adult resident at the premises by telephone or, if unsuccessful, in person, at to the lowest degree 72 hours earlier terminating service to devise a plan to prevent termination and to pay the bills.

Payment may exist accomplished through a deferred payment agreement (DPA), or by payment or guarantee of payment by any governmental or social welfare agency or private organization. If no programme to secure payment can be reached, the utility must notify the local department of social services (DSS) and provide the customer's proper name, address and termination appointment, and so that the DSS may assist in developing a plan for the customer. The utility must continue the service for at least 15 business days subsequently it makes the referral, unless it is notified by DSS that adequate payment or other arrangements have been made. The customer may as well seek aid from the Public Service Commission (PSC) to develop a payment program.

In cases where service has already been terminated, and the utility is thereafter notified that the customer is entitled to the elderly, bullheaded or disabled protections, the utility is required to brand a diligent endeavor to contact an adult resident at the customer'southward premises, by phone or in person, inside 24 hours of its receipt of such notice. When information technology makes the contact, information technology must follow the pre-termination procedures outlined above (devise a DPA or refer to DSS).

Even when a utility has properly terminated service, it is nonetheless required to brand a diligent endeavour to contact an adult resident at the elderly, blind or disabled client's premises within 10 days post-obit the service termination to determine whether alternative arrangements for utility service accept been made. If no arrangements are in place, the utility must try again to devise a plan to restore service and suit for the payment of bills.

Q. What are the special procedures to protect customers from termination in cold atmospheric condition periods?

A. During cold weather periods from November i - April 15, utilities must follow special procedures in supplying oestrus-related utility service. These procedures vary, depending on whether a customer is directly responsible for the utility bill or whether they are a resident of a multiple domicile unit or two-family house. The utility must identify residential households inside its service territory whose utility service is heat-related and apply procedures based on the type of dwelling.

Q. I live in a single family abode. What are the special procedures to protect me from termination in cold conditions periods?

A. Before terminating service to a single family dwelling house during cold conditions:

  • The utility must try to contact the customer or an adult resident at the customer'due south premises, by telephone or in person, at least 72 hours before the intended termination to determine whether the termination is likely to cause a serious harm to the health or condom of any resident. The utility must repeat this attempt at the fourth dimension of termination.
  • If the utility learns that a resident is probable to endure a serious impairment to health or safety, it may not terminate rut-related service until:
    1. The utility notifies the local department of social services (DSS) commissioner orally and provides written discover within 5 days that a resident is likely to suffer a serious impairment to health or safety as a result of termination; and
    1. DSS, following its investigation, informs the utility that the reported condition is not likely to result in a serious harm to health or safety or that an alternative ways for protecting the person'south health or safety has been devised. (A utility may use its discretion whether to terminate the service if it does not receive any report from DSS within l5 business days later on its written referral to DSS.)

If the utility terminates service during the cold weather period without first making the required contact with the client and the customer does not contact the utility by 12PM on the following mean solar day for reconnection, the utility must immediately brand an on-site visit to the client's home to determine whether at that place is continued occupancy and whether the continued lack of utility service may cause a serious impairment to wellness or safe. If the utility so determines, it must immediately restore service and refer the matter to DSS. If no personal contact can be made and there are no reasonable grounds to believe the premises are vacant, the utility must immediately refer the case to the local DSS.

If a utility decides to terminate service during the cold weather period because of an dangerous condition or because of meter tampering, it must observe the same procedures set forth above nether Estrus-Related Service to Single Family Dwellings.

Q. I live in a multiple dwelling. What are the special procedures to protect me from termination in cold weather periods?

A. Before terminating service to a multiple dwelling during cold weather condition, the utility must follow the termination rules for multiple dwellings, merely provide the required written notices at least 30 days before the intended termination.

The utility must also requite each occupant at to the lowest degree l0-days written notice of an intended termination. The notice must advise occupants to contact the utility immediately if any occupant has a serious illness or medical condition that is probable to consequence in a serious damage to health or safety from the loss of heat related service, in which case the utility must conduct an on-site interview and refer confirmed situations of probable serious impairment to DSS.

For at least l5 business organization days subsequently referral to DSS, the utility must continue estrus-related service to the multiple home or otherwise provide heat to the person probable to endure a serious impairment. The utility may not thereafter terminate heat-related service to the entire dwelling during the cold weather flow unless:

  • Information technology otherwise provides oestrus to the person likely to suffer a serious impairment;
  • DSS informs that appropriate alternative arrangements to forbid a serious impairment to health or safety take been fabricated; or
  • DSS informs that the merits of impairment is without merit.

The utility may then finish service after giving at least five days written observe to the occupants.

Q. I alive in a two-family dwelling. What are the special procedures to protect me from termination in common cold weather periods?

A. Before terminating service to a two-family unit dwelling in or outside of New York City during cold weather, the utility must follow the termination rules for either unmarried-family dwellings or multiple dwellings.

In addition, whatever notices required must be provided at least 30 days before the intended termination date. The criteria for utility field personnel to utilize as full general standards in determining whether a person is probable to suffer a serious harm to health or safety are:

  • age, infirmity or mental incapacitation;
  • use of life support systems;
  • serious illness;
  • physical disability or blindness; and
  • Any other factual circumstances which indicate severe or hazardous wellness situations.

Q. I live in New York City. Are there special procedures to protect me from termination in cold weather periods?

A. In New York City, a utility must provide written notice to each occupant at to the lowest degree 10 days before the earliest termination engagement, directing them to contact the New York City Heat Line if any occupant in the apartment has a serious disease or medical condition that would result in a serious impairment to health or safety past loss of rut-related service.

The metropolis will notify the utility if it receives a merits that loss of heat-related service is likely to cause a serious damage to health or safety, in which case the utility must continue service to the building for at least 15 concern days. Thereafter, the utility must continue heat-related service to the dwelling during the cold weather condition menstruation unless it is informed by the city that appropriate culling arrangements have been made for the occupants or that the claim is without merit. At that signal, the utility may terminate service afterward giving at least five days written notice to the occupants.

Even later on heat-related service has been properly terminated, the utility must restore service if it is notified by city that a serious impairment to health or safety is likely to result.

Q. What other protections confronting terminations practice I accept in the common cold weather period?

A. During the common cold weather menstruum, utilities and municipalities are required to keep service when a service termination will probable crusade a serious impairment to wellness or safety and the utility client, considering of mental or physical bug, is unable to manage their own resources or to protect themselves from neglect or hazardous situations without assistance from others. In such cases, at that place is no stardom betwixt heat-related and non estrus-related service. Utilities are required to continue to provide service to these residential customers.

Once a utility has been notified of a situation as described in a higher place, information technology must extend the protection to that client and notify the local department of social service (DSS) function. If at that place is whatever doubtfulness whether termination will cause a potentially serious damage, it must be resolved in favor of continued service.

Local DSS offices are required to answer to suspected serious harm to health and prophylactic, neglect, gamble and dormant business relationship referrals as follows:

  • Identify whether the customer referred is a recipient of public assistance.
  • Attempt in-person contact to devise a plan to forbid termination. If in-person contact can't be accomplished, and the utility has contacted the customer but no programme has been devised to prevent termination, the local DSS office sends a letter to the referred household explaining how it may apply for emergency assistance, and identify the date past which such application for assistance must be made, in order to foreclose utility service termination.
  • Transport the alphabetic character described above to the referred household whenever the utility has not contacted the household earlier terminating service, in that location's no suspicion or verification of a suspected serious impairment or neglect or chancy state of affairs or the business relationship is dormant.
  • Report dorsum to the utility within 15 business days merely simply in cases where serious impairment to health or safety is likely to effect or in neglect or chancy state of affairs referrals.
  • Assistance the household to make timely application for emergency help to resolve the termination threat or to restore service.

While the local DSS office investigation is pending, the utility must go on service for at least l5 business days from the date referral was made unless DSS notifies information technology that acceptable payment or other arrangements accept been made.

Q. I rented an apartment with utilities included. The owner stopped paying all bills and depository financial institution foreclosure proceedings are underway. After the landlord plain stopped paying, Niagara Mohawk shut off the utilities.

To go service I applied for an account in my own name and a new account was opened. Niagara Mohawk d/b/a National Grid and so sent me a nib for arrears owed by the landlord for service provided before I opened my account. The utility is demanding I pay over $2.000 earlier the finish of the calendar month.

I chosen the utility and they said I had assumed the obligation of the landlord. I did not agree to do that, and did not sign any agreement to pay the landlord's bills.

What can I do?

A. You are not responsible for your landlord's utility bills. As a general thing, under the statute of frauds (NY Full general Obligations Law § 5-701), an agreement to pay someone else'south debt to a utility would be a "special hope to answer for the debt, default or miscarriage of another person", which requires a written understanding.

Moreover, even if one agreed to pay another'southward bills in order to restore utility service or prevent a shutoff, such an understanding would be voidable because of economic duress.

If you lot pay what you lot concur you owe for current service since you opened the account in your proper noun, and dispute the remainder through the PSC complaint handling process, under HEFPA you cannot be shut off until afterwards the dispute over the beak is resolved. For information about how to make a complaint click HERE.

Remember to ask for a written decision by the PSC on the instance, which they are required to practise upon request under PSL § 43.2.

Be enlightened you may have to complain twice to get whatever action from the PSC. The complaint volition exist referred by the PSC to the utility, the utility is then supposed to contact you, and it they do not satisfy you, you will need to protest again to the PSC. The second time you lot should become a response, simply if you do not complain a second time the PSC volition assume you dropped the complaint and do zip.

Deferred Payment Agreements (DPAs)

Q. What if I tin can't pay my pecker?

A. Under the Dwelling Energy Fair Practices Act the utility is required to negotiate in good faith with you over the terms of a deferred payment agreement (DPA) based on your financial situation. Under a DPA you agree to pay current bills plus the DPA corporeality to pay back what you owe over time.

Q. The utility says I broke a previous understanding with its collections role to pay the bills and at present they will not negotiate a deferred DPA with me. What tin can I exercise?

A. A utility may refuse to enter into a new DPA merely if an old one was broken and there has been no change of circumstances that would justify a new one. A DPA, nonetheless, is required to be in writing and signed past both the client and the utility. Therefore, unless y'all broke a real DPA, the utility is required to negotiate with you at present based on your present circumstances for a real DPA.

Q. The utility still insists on a large down payment to restore service which I do not accept and refuses to restore service unless I make the large upfront payment. What can I exercise?

A. The Public Service Committee (PSC) must review and determine a dispute over the terms of a DPA and may society the utility to immediately restore service. Telephone call the PSC Hotline at 1-800-342-3355.

Free energy Service Companies (ESCOs)

Q. Should I buy my electricity/gas from a company other than my utility?

A. Previously, one utility company provided all services (supply and delivery) to consumers at rates set by the Public Service Commission (PSC). Now, some formerly "arranged" elements of service, such as natural gas or the generation of electric free energy, are "unbundled" and available separately from new companies, while the "pipes and wires" go on to exist provided past the monopoly gas and electric distribution visitor.

Persons who practise not choose a new provider for the competitive portion of utility service may continue to receive total service from the distribution visitor.

Presently, the new electric and gas companies do not follow the Home Energy Fair Practices Act and their rates are not filed with or canonical by the PSC. Their services may price more than or less than service from your present utility provider.  Lists of competitive natural gas and electricity providers tin can be obtained from your utility or the PSC. Although numerous competitive companies may be listed at those sites, not all are actually providing residential service.

Q. Con Edison shut off my electric, but I tin can show I paid them for all their commitment service charges every calendar month. I didnt pay for ESCO charges. I chosen the Public Service Commission Hotline and they said I had to pay all the money due, which is $459. Simply it was a scam: an ESCO salesman with a clipboard came to my door and promised I would salvage money, that my Con Edison bills would get downwardly, but in fact the bills were much higher. I didn't hold to pay more than for my electric service. I stopped paying the ESCO charges, and paid only the Con Edison delivery charges, only then Con Edison shut my service off.

A. Con Edison purchases receivables from ESCOs, i.e., the ESCO bill, so the ESCO charge became a neb owed to Con Edison. Con Edison collects the money by adding the ESCO charges to its 'delivery' charges on the nib. If a client does not pay the bill in full, including the ESCO charges at present owed to Con Edison, late charges are added, and the customer eventually can be shut off for nonpayment, as in your case.

Q. Why did the Public Service Committee not open a complaint proceeding and look into whether the contract with the ESCO was knowingly and willingly entered into?

A. We do not know. If they did, you would be still required to pay the amount not in dispute, which probably would be the corporeality Con Edison would charge for electricity if the ESCO had not obtained your signature on the switching agreement with promises of savings.

Q. What can I do to get service dorsum?

A. Under the Public Service Police force §32.2(d), Con Edison must summate what it would have charged yous if you had not been induced to switch to the ESCO, and must restore service if yous pay (or make arrangements to pay) that amount. It is not clear from your question whether Con Edison made that calculation. We recommend you lot ask Con Edison to charge you lot only what you would have paid for the aforementioned corporeality of electricity if you had not been induced to switch to ESCO service. If you have difficulty paying that corporeality all at one time, you may be able to enter into a deferred payment agreement to pay the arrears in installments based on your financial state of affairs.


Applying for Assistance

Q. Can I get public help to help pay my bill?

A. If you lot have a close off detect yous or a friend that you designate may take it to the County Section of Social Services (DSS) or a New York State Human Resources Administration (HRA) center and use for help to come across an immediate need. You can also telephone DSS or HRA, but this may not exist as effective, especially if you lot do not have an open case.

If your termination is scheduled within 72 hours (three days), be sure to tell them that you accept this emergency because the agency is required to interview you that day and to determine if you take an firsthand need and how it volition be met. You lot should receive a notice of "Action Taken on Your Request for Assistance to Meet and Immediate Need.

Q. What if I have an emergency? Where can I get assist?

A. Contact the New York State Office of Temporary and Inability Aid (OTDA) hotline at1-800-342-3009 for questions well-nigh HEAP, food stamps (SNAP) or Temporary Aid for Needy Families (TANF).

Dwelling Energy Assistance Program (HEAP)

Q. What is HEAP?

A. HEAP is the Home Free energy Assistance Program, a federal block grant to each land designed to reduce energy burdens for low income households.  In New York Country, HEAP is administered past the Office of Temporary and Disability Assistance (OTDA).

Q. What'due south the deviation between 'Regular' and 'Emergency' HEAP?

A. "Regular" HEAP assists depression-income New Yorkers with the cost of heating their homes during the colder months (November - April). Eligibility and benefits are based on income, household size, the primary heating source and the presence of a household member who is under age half-dozen, a person age 60 or older or someone who is permanently disabled.

"Emergency" HEAP is an boosted benefit available to HEAP-eligible customers that have an energy-related emergency such as a shut-off of gas and/or electricity service, a 72-hour notice of termination, or a final termination detect. Apply for emergency benefits at your local Department of Social Services.

As a HEAP recipient, you may also qualify for weatherization services and furnace replacement. Contact your local Customs Activeness Agency for more than information.

Q. How practice I apply for Regular HEAP?

A. "Regular" HEAP benefit season opens each November. If you reside outside of New York City, you may apply for HEAP online past going to mybenefits.ny.gov.  You can also submit a printed application to your county section of social services role or other HEAP certifier.  Applications are available at ODTA when the HEAP application acceptance period opens.

Q. How do I utilize for Emergency HEAP?

Q. I'm on curt-term inability due to an injury and I tin can't pay my bill. I was told to await until I received a disconnection notice before applying for HEAP. I didn't get my disconnection until two days afterward the HEAP program closed for the season. What tin can I practice?

A. Hither are a few alternative means to go assistance paying your utility bills if y'all miss the HEAP deadline:

1. Emergency HEAP- if you actually filled out an application earlier the plan airtight, yous might qualify if information technology was in process or if it was erroneously denied.  Only if you did not apply before then yous are non going to receive it.  Even if f yous were mis-advised that will not bind the bureau, and they cannot award HEAP if you lot did not utilise earlier it closed.

2. Emergency Utility Assistance Programme - if you have a shutoff notice for utility service you may still authorize for aid under another program from the county section of social services. The energy assistance in this program is available year round, and is bachelor even if your income is in a higher place the public assistance level. Y'all must fill up out an application for public assistance, only you don't need to qualify for monthly grants (you may if you wish seek only the energy assistance).  There should be a question on page 1 of the awarding asking if you have an emergency, including a shutoff discover, which you should respond yes, and you should bring in your shutoff notice.

The department of social services will pay for an eligible bidder an amount equal to the last four months bills, and the utility will be required to withdraw the shutoff observe. You may be required to sign a repayment understanding, to pay the money dorsum to social services if your income is above the public assistance eligibility guidelines. If you previously received such aid and did not repay it, you lot may be denied assistance.

If you are not given help, you must be given a written find of denial and the reasons. Assistance denials by canton departments of social services are appealable to the state through an  emergency fair hearing process.

If it takes time to apply for the assistance and the shutoff date is before long. ask the utility to hold off on a shutoff for a brusk time while you are applying for aid at social services.

3.  Deferred Payment Understanding with the utility - if you lot don't go aid,from social services, y'all may be able to work out a payment plan with the utility which would require yous to pay the current bills and repay the deficit over fourth dimension.  The down payment on the arrears and the monthly repayment tin be as low every bit nix down and $10 a calendar month, depending on your financial circumstances.  If you take broken a prior payment programme that was in writing and signed by y'all, however,the utility may choose not to offering some other deferred payment plan.

four.  PSC Hotline - if you have a problem with the utility regarding more time to apply for assistance or a payment plan, the PSC hotline may exist able to help y'all.  The Hotline staff have the power to order the utility to go on service on.  1-800-342-3355.

Sub-Metering

Q. What is 'sub-metering'?

A. Many flat dwellers, particularly those who live in multiple family dwellings in New York Metropolis, have no need to apply for utility service considering electricity is delivered to the landlord's principal meter and distributed to each residence by edifice direction. The cost of the electricity is included in the hire.

Residential sub-metering occurs when landlords sell electric service to tenants in multi-family residential buildings. A sub-meter is installed in each apartment to measure individual tenants' electricity consumption. The utility or energy service provider delivers electricity to the main meter at majority rates. The landlord no longer pays the total price of electricity used in the building just instead includes in rent the tenant'southward cost of electricity (as measured by their sub-meter).  Tenants pay their landlord (or the landlord'southward sub-metering company) monthly for the electricity used in their apartments.

Sub-metering is not the same equally directly metering. Direct metered tenants purchase their electricity at a residential rate directly from the utility or from an energy service provider.

Q. Is my landlord allowed to sub-meter my utility service?

A. Landlords need regulatory approval from the Public Service Committee (PSC), which requires written notification to tenants that their landlord is seeking approval to sub-meter.

Landlords besides need approving from the Department of Housing & Community Renewal (DHCR) to sell electricity to tenants in rent-regulated apartments. DHCR approval gives tenants a hire reduction when sub-metering starts. The rent reduction usually doesn't first the cost for electricity. For example, if the tenant'due south rent reduction were $60, their typical sub-metered utility bill might exist $110 (effectively a $fifty rent increase).  Upon lease renewal, whatsoever rent increment is calculated on the reduced rent that was paid under the sometime lease.  For example, a tenant received a $60 monthly rent reduction from $1,000 to $940 when sub-metering started.  Upon renewal, a 7 percent rent increase would exist $65.80 (based on $940) instead of $70 (based on $one,000).

Q. How am I billed for sub-metered electricity?

A. Tenants receive a monthly electric bill from either the landlord or a sub-metering visitor. The pecker should bear witness the quantity of electricity consumed and the charge for that electricity. A $iv.00 service charge is added to the bill, which reimburses the landlord for administrative costs.

Landlords of sub-metered buildings often nib their tenants separately for rent and electricity. If a tenant makes partial payment intended to comprehend their rent but not the electrical bill, the landlord might instead allocate the payment first to the electric bill and then to hire.  In this fashion, the landlord can frustrate the laws and benefits protecting electric customers by seeking eviction for nonpayment rather than termination of electric service.

Q. How much does sub-metered electricity cost?

A. Orders granting landlords permission to sub-meter comprise a rate cap. The rate cap just states that sub-metered tenants may not be billed more per month, including service charges and late fees, than they would pay if they were direct metered customers of the utility serving their area.

The rate cap is useless, even so, considering tenants have no way to make up one's mind what they would pay if they were utility customers. The Public Service Commission (PSC) doesn't crave utilities or sub-metering landlords to inform tenants of the amount they would be charged by the utility. Few utilities offer online tools or telephone support to allow sub-metered tenants to determine whether the bills they receive from their landlords exceed the rate cap. Nor does the PSC offer such tools.

Q. What else affects the price of sub-metered electricity?

A. The corporeality sub-metered tenants pay for electricity depends upon several factors over which they have no command. Tenants will eat more electricity to air condition or heat poorly insulated apartments with old, leaky windows and doors, or to operate inefficient landlord-supplied appliances like old refrigerators and through-the-wall air conditioners.

The Public Service Commission (PSC) doesn't require landlords to exist energy efficient sub-metering approval. Landlords who own poorly insulated buildings with old windows, appliances and air conditioners therefore have enormous incentives to sub-meter considering the edifice'southward toll of the electricity is transferred to the tenants. In add-on, most building owners tin can obtain grants from the New York State Energy Research and Development Authority (NYSERDA) to pay for well-nigh or all of the sub-meter installation costs.

Q. What if I have a dispute about my sub-metered electrical bill?

A. Public Service Committee (PSC) sub-metering orders often allow landlords to evade Dwelling house Energy Fair Practices Act (HEFPA) protections. HEFPA doesn't prohibit sub-metering, but does crave landlords who sub-meter to provide tenants with the same rights and protections that utilities are required to observe when a customer has a complaint.

Unfortunately for tenants, recent PSC sub-metering approvals have authorized complaint resolution procedures that don't comply with HEFPA. The PSC has approved arrangements that require tenants to seek resolution of sub-metering complaints in the court arrangement instead of through the PSC complaint procedure. The event is that tenants chance eviction if they don't pay what the landlord demands.

Sub-metered tenants likewise lose other HEFPA rights, including protections in medical emergencies, budget billing, and deferred payment agreements.

Q. Why don't I have a right to complain to the PSC like any other utility customer?

A. Public Service Committee (PSC) regulations practice non permit review of a client complaint until the customer has exhausted the utility's complaint procedure. Landlord complaint procedures that conclude with eviction proceedings in housing court finer prevent sub-metered tenants from complaining to the PSC. By the time tenant has exhausted the landlord'due south complaint procedure, the tenant is no longer residing in the apartment or ownership electricity from the landlord.

PSC orders may appear to prohibit termination of utility service for nonpayment of sub-metered electric charges, but only because the same orders contemplate eviction as the master enforcement mechanism for nonpayment. In fact, the New York Country Energy Research & Development Authority (NYSERDA), whose board includes the Chairman of the PSC, publishes a sub-metering manual that overtly supports the eviction of tenants who dispute their sub-metered electric bills.

Q. What if I just can't afford my sub-metered electricity bill? Can I go any assistance that could prevent me from being evicted?

A. In addition to denying access to the PSC dispute resolution process, the eviction mechanism denies substantial assistance to tenants with trouble paying utility bills.

Theoretically, a sub-metered tenant who meets the Home Energy Assistance Plan (HEAP) income eligibility guidelines could receive a regular HEAP benefit. Only that tenant would non qualify for emergency HEAP or other emergency utility payment programs because the PSC doesn't allow utility shut-offs for sub-metered tenants. Instead, the landlord would deem unpaid electric bills to be unpaid "hire" and institute an eviction proceeding.

Sub-metered tenants can be denied HEAP unless the landlord or sub-metering company has a vendor agreement with the New York Office of Temporary Disability Assistance (OTDA) - HEAP's administrator; and can also be denied emergency utility assist through the Department of Social Services (DSS) unless their landlords are authorized to accept DSS vouchered payments for free energy assist benefits.

Late Charges

Q. Can my utility charge me extra for paying tardily?

A. In the Home Energy Off-white Practices Act (HEFPA) the legislature placed strict limits on the charges that may exist imposed for belatedly payment. The circumstances in which belatedly charges may be imposed are confining and the pct amount must exist set past the Public Service Commission.

Tardily charges may non be imposed on balances bailiwick to a deferred payment agreement (DPA). A DPA allows customers to repay arrears over time in monthly payments fabricated in improver to the bills for current service based on the client's individual financial circumstances. The PSC has ruled that late charges do not apply when a customer has a DPA and is not in arrears in making DPA payments. The DPA represents a new agreement to brand timely payments over fourth dimension to pay by arrears. Imposing late charges frustrates the purpose of DPAs and the requirement that repayment amounts be tailored to individual fiscal circumstances. For example, customers making timely repayments of $10 per month volition feel full arrears increases if late payment charges are imposed.