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New York Energy - Article 17 - § 17-103 Truth in Heating

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    §  17-103.  Truth  in  heating.    1.  (a)  On or after January first,
  nineteen hundred eighty-one,  the  seller  of  a  residential  structure
  shall,  within  fifteen  days  of  receipt  of  a written request from a
  prospective purchaser, furnish such purchaser a complete set of  heating
  and/or cooling bills, or a summary of such heating and/or cooling bills,
  for  the life of the structure or for the preceding two years, whichever
  is shorter. A seller need not honor a request  for  heating  or  cooling
  bills  if such request is initially made after the signing of a purchase
  contract.
    (b) (1) On or after January first, nineteen hundred  eighty-four,  the
  seller  of a residential structure shall, within fifteen days of receipt
  of  a  written  request  from  a  prospective  purchaser,  furnish  such
  purchaser with a statement of the following:
    (i)  The  type and areas of insulation installed by the seller in such
  structure during his ownership.
    (ii) The type and areas of insulation installed in such  structure  by
  any previous owner, known to the seller.
    (iii)  As used in this paragraph, "insulation" shall include but shall
  not be limited to any type of  material  permanently  placed  within  or
  contiguous  to  a  wall,  ceiling or floor of a room or building for the
  purpose of reducing heat transfer and thus the energy  requirements  for
  heating and cooling the building.
    (2)  The seller need not honor a request for the information described
  in this paragraph if such request is initially made after the signing of
  a purchase contract.
    (3) A seller shall be subject to the  imposition  of  penalties  under
  this  article,  including  section  5-119,  for  failure  to provide the
  statement required by subparagraph one of this paragraph.
    (4) The commissioner shall not evaluate the sufficiency or accuracy of
  any  statement  concerning  insulation  furnished,  pursuant   to   this
  paragraph, to a prospective purchaser.
    (c) On or after January first, nineteen hundred eighty-one, the lessor
  of  a  residential structure where the lessee is responsible for payment
  of the heating and/or cooling bills shall, immediately upon receipt of a
  request from a prospective lessee, furnish such lessee a complete set of
  heating and/or cooling bills, or a summary  of  heating  and/or  cooling
  bills,  for  the  life  of the structure or for the preceding two years,
  whichever is shorter.
    (d) All heating and/or cooling bills furnished by a seller  or  lessor
  shall indicate whether the residential structure was occupied during the
  period of time for which the heating and/or cooling bills are supplied.
    (e)  A  seller  who  lacks  all or part of such heating and/or cooling
  bills shall request the retail vendor of fuel  or  utility  services  to
  provide such seller with a complete set of heating and/or cooling bills,
  or  a  summary  thereof.  Where  a  seller  is still unable to furnish a
  prospective purchaser with a complete  set  of  heating  and/or  cooling
  bills,   or  a  summary  thereof,  he  shall  nevertheless  provide  the
  prospective purchaser with whatever records he has been able to  obtain,
  or  a  summary  thereof, and indicate which periods of time and/or which
  fuel or utility services are not covered by the  incomplete  records  or
  summary provided.
    (f)  No  charge  or fee shall be imposed on any purchaser or lessee by
  any seller or lessor for furnishing  heating  and/or  cooling  bills  or
  summaries  thereof pursuant to the provisions of this section. No lessor
  or seller shall disclose the name of a tenant  in  connection  with  the
  furnishing  of heating and/or cooling bills or summaries thereof without
  the consent of such tenant.

    2. (a) Every retail vendor  of  fuel  or  utility  services  used  for
  heating  and/or cooling residential structures shall maintain records of
  the cost of fuel or utility services provided  such  structures  for  at
  least two calendar years.
    (b)  Within  ten  days  after  receiving  a request from the seller or
  lessor of a residential structure, a retail vendor  shall  furnish  such
  owner  with  duplicate  copies of the heating and/or cooling bills, or a
  summary of the heating  and/or  cooling  bills,  for  the  life  of  the
  structure  or  the  preceding  two  year period, whichever is shorter. A
  retail vendor shall not require the consent of a current tenant or prior
  owner to provide such duplicate copies or summaries,  provided  that  no
  such copy or summary shall contain information relating to the status of
  such tenant's or prior owner's account with the retail vendor.
    (c)  A  retail  vendor  may charge a fee of five dollars for providing
  such duplicate copies of heating and/or cooling bills, or a  summary  of
  such bills, to any such owner.
    3.  (a) The maximum penalty which may be recovered pursuant to section
  5-119 of this chapter, for a violation of this section  by  any  seller,
  lessor  or  vendor  shall  be  one hundred dollars for each separate and
  distinct violation; provided, however, that (i) a seller shall not be in
  violation of this section due to the failure  by  a  vendor  to  furnish
  heating  and/or  cooling  bills  upon  receipt  of such a request by the
  seller, and (ii) a lessor shall not be in violation of this  section  if
  the  lessor  commenced  an  act to obtain immediately the heating and/or
  cooling bills upon receiving notice that the structure was to be vacated
  and had not yet received such bills from the vendor.
    (b) The failure of a seller or lessor to furnish  the  heating  and/or
  cooling  bills  required  pursuant  to  this  section  to  a prospective
  purchaser or lessee shall not affect  legal  title  to  any  residential
  structure  or  permit  any  purchaser or lessee of any such structure to
  avoid any obligations he may have under any purchase contract or lease.
    4. (a) The commissioner, after consultation  with  the  department  of
  public  service, shall promulgate rules and regulations to implement the
  provisions of this section relating to the furnishing and maintenance of
  heating and/or cooling bills. The commissioner shall waive in  whole  or
  in  part a requirement that records be furnished for any period prior to
  the promulgation of such rules and regulations if such records have  not
  been maintained by a retail vendor.
    (b)  On  or  before  September  first,  nineteen  hundred  eighty  the
  commissioner shall notify all retail vendors of fuel or utility services
  of the requirements  of  this  section,  and  of  their  obligations  to
  maintain  and supply heating and/or cooling bills, or summaries thereof,
  under this section.
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Last modified: February 15, 2014