New York Public Service Law Section 34 - Discontinuance of utility service in two family dwellings.

34. Discontinuance of utility service in two family dwellings. 1. Notwithstanding any other provision of law, no utility corporation or municipality shall terminate gas or electric service to a two family dwelling that it knows contains units where service is not metered separately unless such utility or municipality shall have given fifteen days' written notice of its intention to terminate service as follows:

(a) a copy of such notice shall be mailed to the owner of the premises affected, or in lieu thereof, to the person, firm or corporation to whom or which the last preceding service bill has been rendered, and

(b) a copy of such notice shall be mailed or otherwise delivered to each occupied unit, and

(c) where possible, a copy of such notice shall be posted in a conspicuous place at or within the dwelling.

2. The commission shall affirmatively approve or provide for the form and content of notices required by subdivision one of this section. Such notices shall state the intended date of termination of service, the amount due for such service, and the procedure by which any occupant may make payment or take action to avoid termination of service.

3. The commission shall provide by regulation:

(a) that any occupant may prevent termination of service if such occupant applies for and is eligible for such service;

(b) that any occupant may prevent termination of service by making payments in accordance with established procedures. In no event shall such payments include bills more than two months in arrears. Any occupant who chooses to pay current charges shall not be liable for any future bills which may be rendered for utility service supplied to the dwelling. The utility corporation or municipality shall continue to render all bills to the customer with a copy to be sent to any occupant upon request; and

(c) staff to advise occupants of the provisions of this section and the commission's regulations.

4. Whenever the obligations owed to the utility corporation or municipality for service to a dwelling have been satisfied, the corporation or municipality shall notify an occupant of each dwelling which was given notice of intent to terminate service.


Last modified: February 3, 2019