shutterstock_127267256The rights of residential customers of electricity and natural gas utilities in New York State are set forth in the Home Energy Fair Practices Deed 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 information technology regulates and may establish performance incentives or sanctions to accost high complaint rates. The PSC tin can besides revoke an unregulated free energy service company'southward (ESCO'south) ability to sell electricity or gas if the number of legitimate complaints brought against is excessive.

Please click on the arrow ( Five ) to access the reply to each question.

Getting Service

Q. How do I go service?

A. You can employ for electricity and natural gas service by calling the utility and giving your proper noun, accost, telephone number, and prior account number, if any. If your verbal application for service is denied or not acted upon, you lot accept the correct to complain to the Public Service Commission.

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

The utility must notify you within two business concern days if it volition require a written awarding and why your verbal application is not sufficient. Information technology can also require reasonable proof of your identify to verify your proper name and prior address so you may be asked to provide your commuter's license or credit card. The utility may too ask for proof of responsibility for service at your new residence and will ask to see a charter, deed, bill of sale, or other certificate showing you occupy the premises. The utility cannot require y'all to give your Social Security number as a condition of receiving service.

Q. Can a utility pass up me service if I owe them money on a previous account in my proper noun?

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

  • Pay the amount you owe in full; or
  • Brand a payment agreement to pay off the amount yous owe in installments over time. The utility must offer and negotiate such an agreement to you; or
  • Have a dispute with the utility concerning the amount which has not been paid pending with the Public Service Commission (PSC) in a complaint proceeding; or
  • Are receiving or have applied for public assist, Supplemental Security Income, and the local social services office has agreed to pay for all or a portion of amounts owed on your previous business relationship and agreed to provide the utility with a guarantee of future payments on your new account; or
  • The PSC hotline directs the utility to provide you with service.

Q. I just moved into an apartment where an former tenant, non on the lease, had the utility account in his name. He was pocketing the money from the roommates and did non pay the nib. He has at present moved out and our electricity was shut off two weeks ago. We have a bill for $3200 and the utility will not let me to open a new business relationship in my name without a new charter. Is there 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 non owe the company money for past service in his or her name.

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

Service is bachelor 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 lot are on a lease it can be one way to provide evidence you are an occupant at the premises.

Other evidence of i's occupancy at a particular address should be adequate including a driver'south license, passport address, other ID with the accost and mail service received at the address.

The utility is required to provide service to a new applicant inside five days and must provide written discover of denial if information technology refuses service. A denial of service should include detailed data virtually how the denial may be reviewed by the Public Service Commission (PSC).

If the utility refuses service the applicant can phone call the PSC Hotline if service is off or is about to exist shut off 1-800-342-3355.

An applicant whose request for service has been denied can too social club a formal complaint most a deprival of service by calling the PSC at 1-800-342-3377. Complaints may also be made lodged in person at PSC offices, by mail to the PSC and on their website.

Q. I simply moved into an flat with my son. The landlord requires that I put electric service in my proper name. I called the utility to request service. The utility refused, saying in that location is a residual of about $ii,400 on an onetime business relationship that was in my name from a place my partner and I shared over 7 years ago. My son was born when I lived at that place, I was staying at home and my partner was supposed to be paying the utility bill. Apparently that didn't happen, I never knew until now he hadn't paid on the beak which was in my name. Nosotros are no longer together. Now I can't become the electricity turned on every bit required by the landlord as a condition of my tenancy. Can a New York Utility Deny Service for Nonpayment of Charges which are more than Six Years Sometime?

A. The relationship betwixt the client and the utility is that of contract, shaped by canonical utility tariffs and the Public Service Law and PSC Regulations and Orders. Under established practice the PSC only volition hear and decide claims regarding past charges for a menses of six years after they were made. This limitation period is patterned after the six year contract statute of limitations under CPLR §213. Thus, the PSC does not hear customer claims for refunds more than than 6 years later on charges were made, and in some cases information technology has closed the door to refund of overcharges for lesser periods.  The PSC should not permit utilities to withhold essential utility service to collect stale charges, which they could have attempted to collect through conventional judicial remedies, more than half-dozen years afterwards the charges were allegedly incurred.

Also, the Dwelling Energy Off-white Practices Act establishes a policy of continued residential service without unreasonable weather or delays.  Workout service on repayment of charges the utility would have no right to collect in court would exist unreasonable and could cause delays in service inconsistent with the statute.

Suggestions:  (ane) The six year statute of limitation on contracts would have expired if the nib the utility is trying to collect past withholding service is seven years former. Inquire the utility to reconsider and for an caption of why service is being denied for claimed deficit that are more than six years sometime.   (2) Ask the utility for a written caption of why you are being denied service which states the facts and legal basis the utility claims allows deprival of service for bills more 6 years old. (3) If non satisfied by the utility response, complain to the PSC and ask the PSC to decide the upshot. Information on how to make a complaint to the PSC by phone or internet or mail service is here.  (four) If service is off due to the dispute, call the PSC Hotline at one-800-342-3355

Customers wrongfully denied service within five days of their awarding may be entitled to $25 per solar day from the utility for each day afterward the wrongful denial, under PSL §31.5.

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

A. If the utility intends to deny your application, it must ship yous a written discover within three business days of your appointment of awarding, informing y'all of the reasons for the denial and the steps yous must take to become service (such as a Deferred Payment Understanding). And y'all have a right to a PSC investigation and review of the denial, including the appropriate address and telephone number for filing the complaint and the PSC hotline number (ane-800-342-3355).

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

Q. When Can The Utility Demand A Eolith?

A. In full general, residential service must be 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 following state of affairs:

  • When the applicant is a short term customer who is defined every bit "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 year, intermittently during the year, or at other irregular intervals."
  • If the bidder'due south utility service was terminated for nonpayment during the preceding six months.

Upkeep Billing

Q. What is budget billing?

A. When customers cull to have a "Budget Billing" or "Levelized Payment" plan, the utility predicts what hereafter bills will be based on the prior year's bills and anticipated changes going forward (e.g., higher rates). The customer pays a level amount each month. If at the end of the budget yr, the amount paid under a upkeep billing programme is more actual charges, then the customer gets a credit. If the client pays less than actual charges, the customer must make up the difference.

Q. Does budget billing affect 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 client consumption. For example, wintertime heating bills could be spread over the yr by starting to pay on the plan earlier the flavour started while consumption is low, paying less than the amount otherwise due in wintertime when more energy was used and once more paying more than the amount otherwise due in springtime.

Q. Will budget billing affect my eligibility for the federal Emergency Dwelling house Energy Assist 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 low-income heating aid nether the Emergency Home Free energy Aid Program. That program closes Apr 23, so a upkeep billing customer who now has a deficiency at the end of the upkeep flow 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 forbid the termination.

A similarly situated neighbor not on upkeep billing, whose oestrus-related bill-payment crisis occurs during the winter fourth dimension when EHEAP is available, may qualify for several hundred dollars of federal help. Other customers may be less trustful of utility billing and tape keeping and may wish to remain on a pay-every bit-you-go basis.  Thus, budget billing is non optimal for everyone.  Customers should accept into account their individual circumstances before entering into a budget programme.

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

A. Partly. Some utilities may argue that vulnerable customers tin can utilise budget billing plans to defend themselves from wholesale market price swings existence passed through to customers without sufficient price hedging by the utility under monthly rate aligning mechanisms approved by the Public Service Commission (PSC). The PSC, in its orders creating retail competition, adopted volatile pricing methodologies on the theory that if customers prefer stable utility rates, the competitive market place will provide the stability desired past consumers. In some of its restructuring orders the PSC immune utilities to pass through insufficiently hedged wholesale prices, resulting in price volatility for customers. Electric customers in upstate New York generally do non take such a pass through of volatile wholesale prices nether their rate plans.

Complaints

Q. We paid our electric bills on time every calendar month. We had to suspension out charter early because of rats and non-end construction and after endmost out our account, were told we owed the utility $4000. When asked why they said they had billed the states incorrectly. The meter was getting high readings as of October but they rejected them only to realize they were real 4 months subsequently (which is when they notified us). We are non certain if the readings are because of issues in the building (not stop construction) or if they are accurate, why didn't they notify us? Because of this, nosotros had no form of recourse or the power to alter our actions. We received not a single notification. Then, because we closed our account, they said we accept no ability to dispute the charge. Who should nosotros contact? And would a lawyer be a stronger motion than complaining to the PSC

A. If yous want to dispute the charges on your bill, y'all can file a complaint with the PSC and inquire for a written decision. The administrative proceedings are designed for customers without attorneys. You do demand to make an effort to mutter commencement to the utility before seeking a decision from the PSC.

If you are not satisfied, an initial determination,is reviewable at an administrative hearing (or review on papers if y'all choose) at the PSC, and that decision can be appealed to the PSC Commissioners, who in their discretion can decide information technology. From a concluding authoritative conclusion, judicial review can be sought in state Supreme Court, in Albany County, nether CPLR Commodity 78. The court normally defers to the agency on matters of fact decided by the agency and on matters inside agency expertise, so but rarely does judicial review reverse a PSC determination in a complaint example.

PSC information on how to file complaints is at the link below. Yous can complain online, which may be better every bit it preserves in your ain words your written explanation of the complaint and what you lot desire the utility or PSC to do. We propose you copy your complaint before you push the send push button, the confirming email may not include a re-create of your complaint:

Afterwards receiving your complaint, the PSC bucks the matter back to the utility to give them one more take a chance to respond to y'all. If that does not satisfy you lot, and you nevertheless want the PSC to decide the matter, you must renew your complaint with the PSC. But then does the PSC "escalate" the instance and begin to adjudicate the complaint.

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

If you open a new business relationship at a new address in the same proper name as the former account, the utility tin can withhold service unless you pay or make arrangements to pay the arrears. Payment plans must be negotiable based on the customer's 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 suit is brought confronting yous, submitting an respond, with whatsoever defenses you have, will bar a default judgment and the utility will bear the burden to motion for summary judgment or prove you lot owe the money at a trial.

Q. I just received a neb from the utility for $xiii,000. I can't pay information technology. I have paid my neb every month.The utility says all my bills were estimated bills since 2008, at present they accept made an actual reading and I owe $13,000. I cant believe I owe that much money for electricity. I am on inability and don't take the money. I rent one unit of measurement in a 2 family unit duplex.

A. You have several alternatives:

  • You lot can  accept the meter checked for accurateness.
  • If you take reason to believe service was diverted to the other housing unit of measurement yous can asking and obtain a shared meter investigation from the utility.
  • If the reason for the backbill is not due to fault on your function you cannot exist shut off due to arrears more than one year old.  In that case you would remain liable for the debt, but service could not be shut off to collect it.
  • If y'all cannot afford to pay what yous ultimately owe yous should be able to negotiate a deferred payment agreement based on your individual financial circumstances.
  • If you practice not receive satisfaction with the utility y'all can complain to the PSC.  The PSC will refer the issue to the utility to review again, and if y'all are nonetheless not satisfied yous can call the PSC and ask them to issue a written decision on your complaint, and  you may seek farther review if you are non satisfied with the PSC'due south initial conclusion.

Preventing Terminations (Shut Offs)

Q. Tin the utility close off my service?

A. A utility can't terminate your electric or gas service unless yous fail to:

  • Pay charges for services rendered in the past twelve months or longer in certain situations;
  • Make payments under a written Deferred Payment Agreement (DPA). However, a DPA can be renegotiated if your financial circumstances alter;
  • Pay or agree in writing to pay equipment and installation charges related to the initiation of service; or
  • Pay a lawfully required deposit, and
  • The utility gave you a notice in writing at least 15 days in advance that information technology plans to close off your service. During that time you tin pay the overdue nib or brand a payment agreement on the overdue amount to forbid termination. Termination notices may not be sent until at least 20 days after payment was due.

Q. When can service exist shut off?

A. At to the lowest degree 15 days after service of a last termination discover which cannot be sent out until 20 days after the payment was due.

Utilities tin can close off your service just:

  • Betwixt the hours of 8 a.yard. and 4 p.g.
  • From Mon through Thursday, NEVER ON Friday.

Your service cannot be shut off on a public holiday, the mean solar day before a holiday, the week catamenia between and including Christmas and New year'due south Day, or on whatsoever mean solar day before your utility business office closed.

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

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

  • A Final Termination Notice has not been sent to you lot;
  • A doc certifies to your utility that there is a medical emergency;
  • You have an unresolved billing dispute with your utility or the Public Service Commission (PSC) concerning the amount owed;
  • You brand total payment of the amount owed when your utility comes to shut off service; or
  • You make a payment agreement with your utility which covers the amount owed.

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

A. Yes, only you lot take to be notified of the problem and provided with an opportunity to avoid termination.

To give detect the utility must:

  • Provide written detect termination to the owner and superintendent or other person in charge of the edifice at to the lowest degree 15 days before termination date. During common cold conditions (Nov ane - April l5), 30 days notice must be given for termination of heat-related service; and;
  • Postal service written notice of termination in your dwelling's public areas at least fifteen days before the intended termination (30 days during the cold weather menstruum for heat-related service); and
  • Mail written notice of termination to each occupant of your dwelling at to the lowest degree l8 days before the intended termination (30 days during the cold weather period for heat-related service); and;
  • Mail find to specified public officials. The discover must be repeated to virtually of these officials 2-4 days before service is terminated.

Opportunity to Avert Termination

If occupants of your dwelling house make timely payments for electric current service, the utility tin't cease service because the possessor failed to make such payments. And the utility can't require them to pay anything more than the current charges incurred by the landlord. In add-on, 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 foreclose termination, contact the Public Service Committee (PSC), who will effort to negotiate such an agreement with the utility. In certain situations, the PSC will stay a threatened termination if the occupants are making good faith efforts pay current bills.

Q. I am a tenant in a 2 family abode 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 unmarried meter measures utility service to both units of your dwelling, it must comply with the following procedures before terminating service:

To give discover the utility must:

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

Opportunity to Avoid Termination

Any occupant of a 2-family home non metered separately may forestall termination of service by:

  • Paying current charges. If you pay current charges you are not liable for future bills rendered for service. Future bills will go on to the possessor (you can receive a re-create). You tin set off whatever payments you make against your rent.
  • Applying for service in your own proper noun, thus making y'all liable for future payments. At that place are ii potential issues with this option. First, you get responsible for service. Second, if the meter registers service to two apartments, the responsible tenant creates a "shared meter," which is confronting public policy.

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

A. There are special safeguards against terminations in the following three situations:

  • In medical emergencies;
  • To elderly, blind or disabled customers; and
  • In cold weather 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 common cold weather, a utility may eventually terminate service afterwards complying with specific Public Service Commission (PSC) requirements.

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

Q. What happens if I accept a medical emergency?

A. When your utility is notified by your doctor 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 30 days. The notification may be made past telephone, simply must be followed inside 5 business days by written certification, which should be on the physician'south letterhead. This certificate may exist renewed for an additional 30 days by the doctor who must explain how long the condition will concluding and yous must prove why you are unable to pay your utility bill. If your medical condition is chronic, a longer time period tin be approved.

If utility service is required to operate a life support organization (ventilator, dialysis machine) the doctor's document remains constructive unless terminated past the Public Service Commission (PSC). However, every three months, you lot must show your utility why y'all can't pay your pecker. Your utility will code your business relationship to ensure service is continued to your residence.

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

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

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

Q. Where tin can I notice an case of a physician's 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 historic period or older. All the same, these protections only apply 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 before terminating service to devise a plan to prevent termination and to pay the bills.

Payment may be accomplished through a deferred payment agreement (DPA), or by payment or guarantee of payment by any governmental or social welfare agency or individual organization. If no plan to secure payment can be reached, the utility must notify the local section of social services (DSS) and provide the customer's proper noun, address and termination engagement, and then that the DSS may assist in developing a plan for the customer. The utility must continue the service for at least xv business days after it makes the referral, unless information technology is notified past DSS that adequate payment or other arrangements have been made. The customer may too seek aid from the Public Service Commission (PSC) to develop a payment plan.

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

Fifty-fifty when a utility has properly terminated service, it is still required to make a diligent effort to contact an developed resident at the elderly, blind or disabled customer's bounds within 10 days post-obit the service termination to decide whether alternative arrangements for utility service have been made. If no arrangements are in place, the utility must endeavor again to devise a plan to restore service and arrange for the payment of bills.

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

A. During common cold atmospheric condition periods from Nov 1 - Apr 15, utilities must follow special procedures in supplying heat-related utility service. These procedures vary, depending on whether a customer is directly responsible for the utility pecker or whether they are a resident of a multiple dwelling house unit or two-family firm. The utility must place residential households within its service territory whose utility service is heat-related and apply procedures based on the type of domicile.

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

A. Before terminating service to a unmarried family domicile during cold weather:

  • The utility must try to contact the client or an adult resident at the customer's premises, by telephone or in person, at least 72 hours before the intended termination to determine whether the termination is probable to cause a serious damage to the wellness or safety of any resident. The utility must repeat this endeavor at the time of termination.
  • If the utility learns that a resident is likely to suffer a serious impairment to wellness or safety, it may not terminate heat-related service until:
    1. The utility notifies the local section of social services (DSS) commissioner orally and provides written find within five days that a resident is probable to suffer a serious damage to health or safety as a outcome of termination; and
    1. DSS, following its investigation, informs the utility that the reported condition is not likely to result in a serious impairment to health or safety or that an alternative ways for protecting the person's 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 inside l5 business concern days after its written referral to DSS.)

If the utility terminates service during the cold weather period without first making the required contact with the customer and the customer does not contact the utility by 12PM on the post-obit twenty-four hour period for reconnection, the utility must immediately brand an on-site visit to the customer'southward habitation to decide whether there is connected occupancy and whether the continued lack of utility service may cause a serious impairment to health or prophylactic. If the utility and then determines, information technology 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 atmospheric condition period because of an unsafe condition or considering of meter tampering, it must discover the same procedures gear up forth above nether Heat-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 atmospheric condition periods?

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

The utility must also give each occupant at least l0-days written notice of an intended termination. The detect must advise occupants to contact the utility immediately if whatsoever occupant has a serious illness or medical condition that is likely to outcome in a serious impairment to health or safety from the loss of rut related service, in which case the utility must deport an on-site interview and refer confirmed situations of likely serious impairment to DSS.

For at least l5 business days after referral to DSS, the utility must go along heat-related service to the multiple dwelling or otherwise provide heat to the person likely to suffer a serious impairment. The utility may not thereafter terminate heat-related service to the entire dwelling during the cold weather condition period unless:

  • It otherwise provides heat to the person likely to endure a serious impairment;
  • DSS informs that advisable alternative arrangements to preclude a serious impairment to wellness or safety have been made; or
  • DSS informs that the merits of impairment is without merit.

The utility may and so terminate service after giving at least 5 days written notice to the occupants.

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

A. Earlier terminating service to a two-family dwelling house in or exterior of New York City during cold atmospheric condition, the utility must follow the termination rules for either single-family unit dwellings or multiple dwellings.

In addition, any notices required must be provided at to the lowest degree xxx days before the intended termination date. The criteria for utility field personnel to utilize as full general standards in determining whether a person is likely to endure a serious impairment to health or condom are:

  • age, infirmity or mental incapacitation;
  • employ of life support systems;
  • serious affliction;
  • physical inability or blindness; and
  • Any other factual circumstances which betoken astringent or hazardous health situations.

Q. I alive in New York Metropolis. Are at that place special procedures to protect me from termination in cold weather periods?

A. In New York Urban center, a utility must provide written detect to each occupant at least ten days before the earliest termination date, directing them to contact the New York Metropolis Heat Line if any occupant in the flat has a serious illness or medical condition that would result in a serious damage to wellness or condom by loss of estrus-related service.

The urban center will notify the utility if information technology receives a claim that loss of heat-related service is probable to cause a serious impairment to health or rubber, in which case the utility must continue service to the building for at least 15 business days. Thereafter, the utility must continue heat-related service to the dwelling during the common cold weather period unless it is informed by the city that appropriate culling arrangements have been made for the occupants or that the merits is without merit. At that indicate, the utility may stop service after giving at least five days written observe to the occupants.

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

Q. What other protections against terminations do I accept in the cold conditions catamenia?

A. During the cold weather period, utilities and municipalities are required to continue service when a service termination will probable cause a serious damage to wellness or condom and the utility customer, because of mental or physical problems, is unable to manage their own resources or to protect themselves from neglect or hazardous situations without help from others. In such cases, there is no distinction between heat-related and non heat-related service. Utilities are required to go on to provide service to these residential customers.

Once a utility has been notified of a situation as described above, it must extend the protection to that client and notify the local department of social service (DSS) office. If there is any doubt whether termination volition cause a potentially serious impairment, it must be resolved in favor of continued service.

Local DSS offices are required to respond to suspected serious impairment to wellness and safety, neglect, hazard and dormant account referrals as follows:

  • Identify whether the customer referred is a recipient of public assistance.
  • Try in-person contact to devise a program to prevent termination. If in-person contact can't exist achieved, and the utility has contacted the customer just no programme has been devised to forestall termination, the local DSS office sends a letter to the referred household explaining how information technology may utilise for emergency assist, and identify the engagement by which such application for assistance must exist made, in guild to prevent utility service termination.
  • Send the letter described in a higher place to the referred household whenever the utility has not contacted the household before terminating service, there's no suspicion or verification of a suspected serious impairment or fail or hazardous situation or the business relationship is dormant.
  • Report back to the utility within fifteen business organization days merely simply in cases where serious harm to wellness or safety is probable to result or in neglect or hazardous situation referrals.
  • Assist the household to make timely application for emergency assistance to resolve the termination threat or to restore service.

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

Q. I rented an apartment with utilities included. The possessor stopped paying all bills and bank foreclosure proceedings are underway. After the landlord apparently 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 so sent me a bill for deficit owed by the landlord for service provided before I opened my business relationship. The utility is demanding I pay over $two.000 before the terminate of the 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 non sign any understanding to pay the landlord'due south bills.

What tin I do?

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

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

If you pay what you agree yous owe for current service since y'all opened the account in your name, and dispute the remainder through the PSC complaint handling process, under HEFPA you cannot exist shut off until after the dispute over the neb is resolved. For data about how to brand a complaint click HERE.

Retrieve to enquire for a written decision by the PSC on the case, which they are required to practice upon request under PSL § 43.2.

Exist enlightened you lot may take to mutter twice to get whatsoever action from the PSC. The complaint volition be referred past the PSC to the utility, the utility is then supposed to contact yous, and it they do not satisfy you, yous volition need to protest again to the PSC. The 2d time you should become a response, just if y'all practice non complain a 2nd fourth dimension the PSC volition presume you dropped the complaint and do zippo.

Deferred Payment Agreements (DPAs)

Q. What if I can't pay my bill?

A. Under the Home 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 lot hold to pay current bills plus the DPA corporeality to pay back what you owe over fourth dimension.

Q. The utility says I broke a previous understanding with its collections function to pay the bills and now they will not negotiate a deferred DPA with me. What can I do?

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

Q. The utility nonetheless insists on a large down payment to restore service which I practise non have and refuses to restore service unless I make the large upfront payment. What can I do?

A. The Public Service Commission (PSC) must review and decide a dispute over the terms of a DPA and may order the utility to immediately restore service. Call the PSC Hotline at one-800-342-3355.

Energy Service Companies (ESCOs)

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

A. Previously, 1 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 every bit natural gas or the generation of electric energy, are "unbundled" and available separately from new companies, while the "pipes and wires" continue to be provided by the monopoly gas and electrical distribution visitor.

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

Presently, the new electric and gas companies do non follow the Habitation Free energy Off-white Practices Deed and their rates are not filed with or approved by the PSC. Their services may price more or less than service from your nowadays utility provider.  Lists of competitive natural gas and electricity providers 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, only I can show I paid them for all their commitment service charges every calendar month. I didnt pay for ESCO charges. I called the Public Service Commission Hotline and they said I had to pay all the money due, which is $459. But it was a scam: an ESCO salesman with a clipboard came to my door and promised I would salve money, that my Con Edison bills would become downwardly, but in fact the bills were much higher. I didn't agree to pay more for my electric service. I stopped paying the ESCO charges, and paid only the Con Edison commitment charges, but and so Con Edison shut my service off.

A. Con Edison purchases receivables from ESCOs, i.e., the ESCO bill, so the ESCO accuse became a neb owed to Con Edison. Con Edison collects the money by adding the ESCO charges to its 'delivery' charges on the beak. If a client does non pay the bill in full, including the ESCO charges now owed to Con Edison, belatedly charges are added, and the client eventually tin can be shut off for nonpayment, as in your instance.

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

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

Q. What tin I do to get service back?

A. Under the Public Service Law §32.2(d), Con Edison must calculate what information technology would have charged y'all if you had not been induced to switch to the ESCO, and must restore service if y'all pay (or make arrangements to pay) that amount. It is non clear from your question whether Con Edison made that calculation. We recommend you enquire Con Edison to charge you only what you would have paid for the same corporeality of electricity if you had non been induced to switch to ESCO service. If yous have difficulty paying that amount all at in one case, 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. Tin can I get public assistance to aid pay my bill?

A. If you have a shut off observe you or a friend that you designate may take it to the County Department of Social Services (DSS) or a New York State Human Resources Administration (HRA) center and apply for assist to run across an firsthand demand. You can also phone DSS or HRA, only this may not be equally effective, peculiarly if you do not have an open case.

If your termination is scheduled within 72 hours (three days), exist sure to tell them that y'all have this emergency because the bureau is required to interview you that day and to determine if yous have an immediate need and how it will be met. You lot should receive a detect of "Activeness Taken on Your Request for Assistance to Meet and Firsthand Need.

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

A. Contact the New York State Office of Temporary and Disability Assistance (OTDA) hotline at1-800-342-3009 for questions near HEAP, food stamps (SNAP) or Temporary Assist for Needy Families (TANF).

Domicile Energy Aid Program (HEAP)

Q. What is HEAP?

A. HEAP is the Home Energy Assistance Program, a federal cake grant to each state designed to reduce free energy burdens for low income households.  In New York Land, HEAP is administered past the Role of Temporary and Inability Assistance (OTDA).

Q. What's the divergence between 'Regular' and 'Emergency' HEAP?

A. "Regular" HEAP assists low-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 master heating source and the presence of a household member who is under age six, a person age 60 or older or someone who is permanently disabled.

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

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

Q. How do I apply for Regular HEAP?

A. "Regular" HEAP benefit season opens each November. If you reside outside of New York City, y'all may apply for HEAP online by going to mybenefits.ny.gov.  You can also submit a printed application to your canton department of social services office or other HEAP certifier.  Applications are available at ODTA when the HEAP application acceptance menses opens.

Q. How do I utilize for Emergency HEAP?

Q. I'thou on brusque-term inability due to an injury and I tin't pay my beak. I was told to expect until I received a disconnection notice before applying for HEAP. I didn't get my disconnection until two days after the HEAP program closed for the flavour. What tin I practise?

A. Here are a few alternative ways to become assistance paying your utility bills if y'all miss the HEAP borderline:

1. Emergency HEAP- if you actually filled out an application before the programme closed, you might authorize if it was in procedure or if it was erroneously denied.  Just if y'all did non employ before then you are non going to receive it.  Even if f you were mis-advised that will not bind the agency, and they cannot award HEAP if yous did not employ before it closed.

two. Emergency Utility Assistance Programme - if you have a shutoff discover for utility service you may still authorize for aid under some other program from the county department of social services. The energy assist in this program is bachelor twelvemonth round, and is available even if your income is above the public help level. Yous must fill out an application for public assist, but you lot don't need to qualify for monthly grants (y'all may if y'all wish seek simply the free energy assistance).  At that place should be a question on folio 1 of the application asking if you accept an emergency, including a shutoff find, which yous should answer yeah, and you should bring in your shutoff detect.

The department of social services volition pay for an eligible applicant an corporeality equal to the last four months bills, and the utility will be required to withdraw the shutoff find. Y'all may be required to sign a repayment agreement, to pay the money back to social services if your income is in a higher place the public assistance eligibility guidelines. If you previously received such help and did not repay information technology, you may be denied assistance.

If you lot are non given assistance, 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 information technology takes fourth dimension to apply for the aid and the shutoff date is soon. inquire the utility to hold off on a shutoff for a short time while you lot are applying for assistance at social services.

3.  Deferred Payment Agreement with the utility - if you don't go help,from social services, you may exist able to work out a payment plan with the utility which would require you to pay the electric current bills and repay the deficit over fourth dimension.  The down payment on the arrears and the monthly repayment can exist equally low as nothing down and $x a month, depending on your fiscal circumstances.  If you have broken a prior payment program that was in writing and signed past you, however,the utility may choose not to offer another deferred payment plan.

iv.  PSC Hotline - if you have a problem with the utility regarding more fourth dimension to apply for aid or a payment plan, the PSC hotline may be able to assistance you.  The Hotline staff have the power to gild the utility to proceed service on.  ane-800-342-3355.

Sub-Metering

Q. What is 'sub-metering'?

A. Many apartment dwellers, especially those who live in multiple family dwellings in New York City, take no need to utilise for utility service because electricity is delivered to the landlord's chief meter and distributed to each residence past edifice management. The cost of the electricity is included in the rent.

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 free energy service provider delivers electricity to the master meter at bulk rates. The landlord no longer pays the full cost of electricity used in the building just instead includes in rent the tenant's cost of electricity (as measured by their sub-meter).  Tenants pay their landlord (or the landlord'south sub-metering company) monthly for the electricity used in their apartments.

Sub-metering is non the same as direct metering. Direct metered tenants buy 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 blessing from the Public Service Committee (PSC), which requires written notification to tenants that their landlord is seeking blessing to sub-meter.

Landlords also need blessing from the Department of Housing & Community Renewal (DHCR) to sell electricity to tenants in rent-regulated apartments. DHCR approving gives tenants a rent reduction when sub-metering starts. The rent reduction usually doesn't offset the cost for electricity. For example, if the tenant's rent reduction were $60, their typical sub-metered utility bill might be $110 (finer a $fifty hire increment).  Upon lease renewal, any hire increment is calculated on the reduced rent that was paid under the onetime lease.  For case, a tenant received a $threescore monthly rent reduction from $ane,000 to $940 when sub-metering started.  Upon renewal, a 7 percent rent increase would be $65.fourscore (based on $940) instead of $70 (based on $i,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 neb should show 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 authoritative costs.

Landlords of sub-metered buildings often bill their tenants separately for rent and electricity. If a tenant makes partial payment intended to cover their hire just not the electric pecker, the landlord might instead classify the payment start to the electrical bill and then to rent.  In this manner, 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 price?

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

The charge per unit cap is useless, however, because tenants have no way to determine 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 past the utility. Few utilities offer online tools or telephone support to let 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 accept no control. Tenants volition consume more electricity to air condition or heat poorly insulated apartments with onetime, 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 be free energy efficient sub-metering approving. Landlords who own poorly insulated buildings with one-time windows, appliances and air conditioners therefore have enormous incentives to sub-meter considering the building's cost of the electricity is transferred to the tenants. In addition, nigh building owners can obtain grants from the New York Land Energy Research and Development Say-so (NYSERDA) to pay for most or all of the sub-meter installation costs.

Q. What if I take a dispute virtually my sub-metered electric nib?

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

Unfortunately for tenants, recent PSC sub-metering approvals accept 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 organization instead of through the PSC complaint process. The result is that tenants risk eviction if they don't pay what the landlord demands.

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

Q. Why don't I accept a right to complain to the PSC similar whatsoever other utility client?

A. Public Service Commission (PSC) regulations do non allow review of a customer complaint until the customer has exhausted the utility's complaint procedure. Landlord complaint procedures that conclude with eviction proceedings in housing court effectively foreclose sub-metered tenants from complaining to the PSC. Past the time tenant has exhausted the landlord's complaint process, the tenant is no longer residing in the flat 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 primary enforcement machinery for nonpayment. In fact, the New York State Energy Research & Development Say-so (NYSERDA), whose lath 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 beak? Can I get any assistance that could prevent me from existence evicted?

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

Theoretically, a sub-metered tenant who meets the Home Free energy Assistance Program (HEAP) income eligibility guidelines could receive a regular HEAP benefit. But that tenant would not qualify for emergency HEAP or other emergency utility payment programs because the PSC doesn't allow utility close-offs for sub-metered tenants. Instead, the landlord would deem unpaid electrical bills to exist unpaid "rent" and establish an eviction proceeding.

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

Tardily Charges

Q. Tin my utility charge me extra for paying late?

A. In the Home Free energy Off-white Practices Act (HEFPA) the legislature placed strict limits on the charges that may be imposed for late payment. The circumstances in which late charges may be imposed are circumscribed and the percentage amount must be ready past the Public Service Commission.

Belatedly charges may non be imposed on balances bailiwick to a deferred payment agreement (DPA). A DPA allows customers to repay deficit over fourth dimension in monthly payments made in addition to the bills for current service based on the customer's individual fiscal circumstances. The PSC has ruled that late charges do not utilize when a customer has a DPA and is not in arrears in making DPA payments. The DPA represents a new agreement to make timely payments over fourth dimension to pay past arrears. Imposing late charges frustrates the purpose of DPAs and the requirement that repayment amounts be tailored to individual financial circumstances. For example, customers making timely repayments of $ten per month will experience full arrears increases if late payment charges are imposed.