NY State Senate Bill 2009-S1378

Senate Bill S1378

2009-2010 Legislative Session

Prohibits the discontinuance of utility service to multiple dwellings for non-payment of bills

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to energy and telecommunications
Jan 29, 2009	referred to energy and telecommunications

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2009-S1378 (ACTIVE) - Details

See Assembly Version of this Bill:: A4605
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§33, 116 & 32, Pub Serv L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1210, A5930
2013-2014: S1295, A114
2015-2016: S3497, A5592

2009-S1378 (ACTIVE) - Summary

Provides that no public utility shall discontinue gas, electric, steam or water service for non-payment of bills to an entire multiple dwelling but shall have all rights otherwise provided by law, including the right to file a lien against the property.

2009-S1378 (ACTIVE) - Sponsor Memo

2009-S1378 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1378

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced  by  Sens. STAVISKY, ADAMS, DIAZ, DUANE, C. JOHNSON, ONORATO,
  PARKER, SAMPSON -- read twice and ordered printed, and when printed to
  be committed to the Committee on Energy and Telecommunications

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, 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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04894-01-9

S. 1378                             2

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 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
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.

S. 1378                             3

  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.
  (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

S. 1378                             4

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
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

S. 1378                             5

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;
  (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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