S1210-2011 Actions

• Jan 4, 2012: REFERRED TO ENERGY AND TELECOMMUNICATIONS
• Jan 6, 2011: REFERRED TO ENERGY AND TELECOMMUNICATIONS

S1210-2011 Memo

BILL NUMBER:S1210

TITLE OF BILL:
An act
to amend the public service law, in relation to prohibiting
discontinuance of utility service to
multiple dwellings

PURPOSE OR GENERAL IDEA:
Prohibits the discontinuance of utility service (gas, electric, steam
or water service} to multiple dwellings for non-payment of bills;
repealer.

SUMMARY OF PROVISIONS:
Amends section 33 of the public service law as added by chapter 713 of
the laws of 1981, paragraphs (c) and (d) of subdivision 1 as amended
by chapter 195 of the laws of 2010

JUSTIFICATION:
Under current law, if a landlord fails to pay the utility bill for a
multiple dwelling the tenants can pay the bill and deduct the payment
from their rent. This places an unfair burden on tenants to act or
face loss of utility service. This legislation will allow utility
companies to recover the unpaid moneys through any lawful means other
than disconnection of services.

PRIOR LEGISLATIVE HISTORY:
This bill has been introduced in previous legislation sessions.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S1210-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1210
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on  Energy  and  Telecommuni
 cations
 AN  ACT  to  amend  the  public  service law, in relation to prohibiting
 discontinuance of utility service to multiple dwellings
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section 33 of the public service law, as added by chapter
 713 of the laws of 1981, paragraphs (c) and  (d)  of  subdivision  1  as
 amended  by  chapter  195  of  the  laws  of 2010, is amended to read as
 follows:

 

S 33. Discontinuance of residential utility service to multiple dwell
 ings. [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  prem-
 ises  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  super-
 intendent  or  other  person  in  charge  of  the  building  or premises
 affected, if it can be readily ascertained that  there  is  such  super-
 intendent 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 post-
 paid wrapper to the address of such person or persons,  firm  or  corpo-
 ration.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00580-01-1
 
       S. 1210                             2
 (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 poli-
 tical 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 dwell-
 ing 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 discontin-
 uance 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  will-
 fully  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
 
       S. 1210                             3
 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 dwell-
 ing  as  long as the tenants continue to make timely payments in accord-
 ance 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 commis-
 sion upon petition of twenty-five percent of the tenants of such  multi-
 ple 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] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PUBLIC  UTILITY
 COMPANY  SHALL  DISCONTINUE  GAS, ELECTRIC, STEAM OR WATER SERVICE TO AN
 ENTIRE MULTIPLE DWELLING, AS DEFINED IN THE MULTIPLE DWELLING LAW OR THE
 MULTIPLE RESIDENCE LAW, LOCATED ANYWHERE IN THIS STATE  FOR  NON-PAYMENT
 OF BILLS RENDERED FOR SERVICE.  SUCH COMPANY SHALL HAVE ALL OTHER RIGHTS
 AS IN ANY OTHER CASE WHERE MONEY IS OWING INCLUDING, BUT NOT LIMITED TO,
 THE RIGHT TO FILE A LIEN AGAINST THE PROPERTY SO AFFECTED.
 

S  2.

Section 116 of the public service law, as amended by chapter 713
 of the laws of 1981, subdivision 5 as separately amended by chapter  511
 of the laws of 1981, is amended to read as follows:

 

S  116.  Discontinuance  of  water  service to multiple dwellings. [1.
 Notwithstanding any other provisions of law, no public  utility  company
 shall  discontinue  water  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 prem-
 ises 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 super-
 intendent or  other  person  in  charge  of  the  building  or  premises
 affected,  if  it  can  be readily ascertained that there is such super-
 intendent 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 post-
 paid  wrapper  to  the address of such person or persons, firm or corpo-
 ration.
 
       S. 1210                             4
 (c) In addition to the notice prescribed by (a) or (b) above,  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, and  (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. Notice required by (iv) and (v) of this paragraph may
 be mailed to the persons specified therein or to their respective desig-
 nees. 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 clauses  (iii),  (iv)  and  (v)  of
 paragraph  (c)  above 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 have been satisfied, the utility 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 water corporation 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 munici-
 pality has compiled or hereafter may compile a listing of  all  multiple
 dwellings  within  its  jurisdiction  shall  make such listing available
 without charge to any water corporation providing service in such county
 or municipality.
 3. Any water corporation 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 subdi-
 vision one above the penalty shall be twenty-five dollars for each occu-
 pied  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 monies 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
 water  corporation,  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
 
       S. 1210                             5
 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 water service in a multiple dwelling to
 which this section applies where the owner of any such  multiple  dwell-
 ing,  or  the  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  therefore, has failed to pay such utility bills. Such
 rules and regulations shall (i) 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  proce-
 dures;  (ii)  include  designation of an office to advise tenants of the
 rights and procedures available pursuant to such rules and  regulations;
 (iii)  assure  that  tenants shall not be liable for bills more than two
 months in arrears; and (iv) 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  therefore]
 NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, NO PUBLIC UTILITY COMPANY
 SHALL DISCONTINUE GAS, ELECTRIC, STEAM OR WATER  SERVICE  TO  AN  ENTIRE
 MULTIPLE DWELLING, AS DEFINED IN THE MULTIPLE DWELLING LAW OR THE MULTI
 PLE  RESIDENCE  LAW,  LOCATED  ANYWHERE IN THIS STATE FOR NON-PAYMENT OF
 BILLS RENDERED FOR SERVICE.  SUCH COMPANY SHALL HAVE ALL OTHER RIGHTS AS
 IN ANY OTHER CASE WHERE MONEY IS OWING INCLUDING, BUT  NOT  LIMITED  TO,
 THE RIGHT TO FILE A LIEN AGAINST THE PROPERTY SO AFFECTED.
 

S  3.  Paragraph  (a)  of  subdivision  5  of section 32 of the public
 service law, as added by chapter 686 of the laws of 2002, is amended  to
 read as follows:

 (a)  In  the  event  the  service to a residential customer terminated
 pursuant to this section [or the service to a  multiple-family  dwelling
 pursuant to section thirty-three of this article] or a two-family dwell
 ing  pursuant  to  section  thirty-four  of this article consists of the
 provision of gas or electricity commodity only,  the  utility  providing
 distribution  services  to  such customer shall suspend the provision of
 such distribution services  and  the  provision  of  any  other  related
 services to such customer if:

 (i)  The  utility  providing distribution services to such customer is
 notified of the termination in such manner and form  as  the  commission
 shall,  by  regulation,  prescribe;  which  notification  shall  include
 documentation sufficient to confirm that such termination  was,  in  all
 respects,  in  compliance  with this article and that the conditions set
 forth in this subdivision have been met;
 (ii) Except in the case of a service to a multiple  dwelling  pursuant
 to  section thirty-three of this article, such customer was billed using
 a billing system in which all charges for  service  were  present  on  a
 single bill;
 (iii)  Such  utility  providing  distribution  services  provided such
 services to the customer at the time of the termination;
 (iv) The utility implementing the termination confirms that it is able
 to and will take all actions within its control necessary to resume  the
 provision  of  electric  or gas commodity to such customer in accordance
 with the agreement for  such  service  between  such  utility  and  such
 customer,  if  the  customer makes full payment of the amount of arrears
 that were the basis for the termination of service;
 
       S. 1210                             6
 (v) The utility implementing the  termination  has  not  assigned  its
 right to obtain payment of the arrears to an entity that is not a utili
 ty for purposes of this article; and
 (vi)  Less than one year has elapsed since such termination of commod
 ity service has occurred.
 

S 4. This act shall take effect immediately.

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