S T A T E O F N E W Y O R K
________________________________________________________________________
1210
2011-2012 Regular Sessions
I N S E N A T E
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.