Sec. 11.8. Service to two-family dwellings

(a) For the purpose of this section, the term two-family dwelling shall mean a building designed and occupied pursuant to local building codes exclusively by two families living independently of each other, irrespective of whether the building receives a residential or commercial rate under the utility's tariff. If a utility knows that any utility service is provided to both units of a two-family dwelling through a single meter, the utility shall not terminate, disconnect or suspend such service unless the utility complies with the requirements of this section. A utility shall be deemed to know that a two-family building contains units that are not metered separately where it is notified by the customer, occupant or other person that the building is a two-family dwelling. Each utility shall keep a record of such two-family dwellings where service is not metered separately.

(b) The utility shall give 15 days' written notice of its intention to terminate, disconnect or suspend service to a two-family dwelling that it knows contains units where service is not metered separately by mailing a copy of the notice to the owner of the premises or to the recipient of the last preceding service bill, mailing or otherwise delivering a copy of the notice to each occupied unit, and, unless precluded by physical circumstances, posting a copy of the notice in a conspicuous place at or within the dwelling.

(c) The notice shall provide the information required by section 11.4(a)(2)(i)-(iv) of this Part, state that there are special protections for occupants of two-family dwellings where service is not metered separately, that the commission staff may be contacted for information and advice, and that subdivision (1) of section 235-a of the Real Property Law authorizes occupants to set off against their rents payments to utilities in such circumstances.

(d) Any occupant of a two-family dwelling that contains units where service is not metered separately may prevent termination, disconnection or suspension of service if:

(1) an occupant eligible for service under section 11.3 of this Part applies for and receives service, thereby making himself or herself liable for future payments, provided that such person is not an agent of the recipient of the last preceding service bill; or

(2) an occupant who chooses to pay current charges shall not be liable for any future bills rendered for utility service. In the event of such payment, the utility shall continue to render all bills to the customer of record with a copy to be sent to any occupant [continued] upon request. If billing for the service which is not metered separately is on a monthly basis, current charges shall be defined as an amount not to exceed that due for billed service provided during the two months preceding the termination, disconnection or suspension date set forth in the notice. If the billing for the service which is not metered separately is on a bimonthly basis, then current charges shall be defined as an amount not to exceed the most recent bill for service.

(e) The commission's authorized designees shall be available to advise occupants of two-family dwellings of the protections provided by this section.

(f) Whenever a final notice of termination, disconnection or suspension of utility service has been provided under this section and the past-due bills owed to a utility for service to a two-family dwelling in which service is provided through a single meter have been satisfied, the utility shall so notify the occupants of the dwelling by mailing or otherwise delivering such notice to the occupants of such dwelling or posting such notice in a conspicuous place at or within the dwelling.

(g) During the cold weather period, defined in section 11.5(c)(2) of this Part, a utility intending to terminate, disconnect or suspend heat-related service, as that term is defined in section 11.5(c)(1), to a two-family dwelling shall provide the written notices required under subdivisions (b) and (c) of this section not less than 30 days before the intended termination, disconnection or suspension.

(h) During the cold weather period defined in section 11.5(c)(2) of this Part, a utility intending to terminate, disconnect or suspend service to a two-family dwelling shall comply with either the requirements set forth in section 11.5(c) or in section 11.7(g) of this Part.