Sec. 14.8. Termination of service to two-family dwellings

(a) Applicability.

If a utility knows that service is provided to a two-family dwelling, as defined in paragraph (b)(21) of section 14.2 of this Part, service must not be terminated unless the requirements of this section are complied with; provided, however, that where the utility knows that service is billed separately for each unit, this section does not apply. Each utility must keep a record of two-family dwellings.

(b) Required notices.

(1) A utility must not terminate service to a two-family dwelling unless it fulfills all requirements of this section and provides written notice to:

(i) the owner of the premises or the party to whom the last preceding bill was rendered; and

(ii) the occupants of each unit.

(2) The notice required by this subdivision must state:

(i) the earliest date termination may occur;

(ii) the reasons for termination, including the total amount required to be paid, and how termination may be avoided;

(iii) that there are special protections for occupants of two-family dwellings where service is not billed separately;

(iv) that occupants may be authorized to set off utility payments against their rents in these circumstances, in accordance with the New York State Real Property Law;

(v) that utility procedures are available for considering complaints before termination, including the address and telephone number of the appropriate utility office; and

(vi) that commission procedures are available for assistance, including the address and telephone number of the appropriate commission office.

(3) The notice required by this subdivision must be provided in the following manner:

(i) by mailing it to the owner or party to whom the last preceding bill was issued;

(ii) by personally serving it or mailing it to the occupants; and

(iii) by posting it in a conspicuous place at or within the premises, unless prevented by physical circumstances.

(4) The utility must give 15 calendar days notice if personally served or posted, and 18 calendar days notice if mailed.

(5) Whenever a notice of termination of service has been made in accordance with this subdivision and the utility no longer intends to terminate service, the utility must so notify the occupants in the same manner as it gave the original notice.

(c) Procedures to avoid termination of service.

(1) A utility following the requirements of this section may require the occupants in a two-family dwelling to pay no more than the current charges incurred by the party to whom the last preceeding bill was rendered, and must not terminate service if such current charges are paid.

(2) An occupant may either:

(i) apply for service and be accepted as a customer, if eligible to do so under section 14.3 of this Part, in which case such person will be liable for future payments; or

(ii) choose to pay current charges only, in which case such person will not be liable for future payments and future bills must continue to be rendered to the customer with a copy sent to any occupant upon request.

(d) Physical termination of service.

Paragraphs (c)(3) through (c)(6) and subdivisions (d) through (f) of section 14.4 of this Part are applicable to the termination of service to two-family dwellings.

(e) Termination of two-family dwellings during cold weather periods.

During the cold weather period, the following procedure must be followed by a utility intending to terminate heat-related service to a two-family dwelling:

(1) A utility must provide the written notices required by subdivision (a) of this section not less than 30 calendar days before the intended termination.

(2) A utility must comply with either the requirements set forth in subdivision (d) of section 14.5 of this Part or in subdivision (d) of section 14.7 of this Part.