N.Y. Comp. Codes R. & Regs. tit. 16 § 533.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 533.8 - Discontinuance of service to entire multiple dwellings

(a) No waterworks corporation shall discontinue service to an entire multiple dwelling (as defined in the Multiple Dwelling Law or the Multiple Residence Law) where the owner, person, firm or corporation to whom or which the last preceding bill has been rendered, or from whom or which the waterworks corporation has received payment therefor, has failed to pay such utility bills, until it has complied with the following procedure:

(1) The waterworks corporation must give 15 days' written notice of its intention to so discontinue by personally serving such notice on the owner of the premises affected or on the person, firm, or corporation to whom or which the last preceding bill was rendered, or from whom or which the utility has received payment therefor, and on the superintendent or other person in charge of the building, if it can be readily ascertained that there is such superintendent or other person in charge.

(2) The waterworks corporation must give 18 days' written notice to the owner, person, firm or corporation specified in paragraph (1) of this subdivision if such notice is mailed in a postpaid wrapper to the address of such person, firm or corporation.

(3) In addition to the notice prescribed by paragraphs (1) and (2) of this subdivision, 15 days' written notice shall be posted in the public areas of such multiple dwelling, and 18 days' notice shall be mailed to the "Occupant" of each unit in that multiple dwelling, to the local health officer and director of the social services district for the political subdivision in which the multiple dwelling is located; if the multiple dwelling is located in a city or village, to the mayor thereof, or if there be none, to the manager; or, if the multiple dwelling is located in a town, then to the town supervisor; and 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 to the mayors, managers, town supervisors, county executives, and chairmen of county legislatures may be mailed to the persons specified therein or to their designees. Notice to health officers, directors of social services, mayors, managers, supervisors, county executives and chairmen of county legislatures shall be repeated not more than four working days nor less than two working days prior to such discontinuance.

(4) Whenever a notice of intention to discontinue water service has been made pursuant to the provisions of this section and obligations owed the waterworks corporation have been satisfied, the waterworks corporation shall notify, in the same manner as it gave such notice of intention, the occupant of each unit that the intention to discontinue water service no longer exists.

(b) Notwithstanding the provisions contained in subdivision (a) of this section, no waterworks corporation shall discontinue services to a multiple dwelling, where the owner, person, firm or corporation responsible for making payment fails to pay utility bills, as long as occupants of such multiple dwellings continue to make timely payments for such service in accordance with procedures filed by the utility and approved by the Public Service Commission. All notices referred to in subdivision (a) of this section shall contain the intended date of discontinuance of service and a utility contact, including a telephone number, who will advise occupants of the amount due for water service and who will arrange meetings with occupants to attempt to work out a mechanism for avoiding discontinuance of service in the event that the owner continues to fail to make requisite payments or arrangements for such payments. The notice shall also refer to the provisions contained in section 235-a of the New York Real Property Law authorizing occupants to setoff, against their rent, payments to utilities in such circumstances.

(c) A waterworks corporation, following the procedure outlined in subdivision (b) of this section, may require occupants in a multiple dwelling to pay no more than the current water charges incurred by 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. A current charge, for purposes of this section, means the amount properly billed the owner, etc., for water used during the most recent billing period covered by the first bill rendered on or after the date when the disconnect notice is issued. The current charges will not include any arrears for earlier billing periods that may appear on such a bill.

(d) If occupants in a multiple dwelling find they are unable to reach an agreement with the utility to avoid discontinuance of service, they may contact the commission's water division. After such a request is received, a representative of the water division will attempt to work out such an agreement and will, if necessary, arrange a meeting with occupant representatives, the utility, and the owner, person, firm or corporation responsible for making payment for water service; provided, however, that such a meeting will be required only if the water division receives a written petition signed by at least 25 percent of the occupants in a multiple dwelling.

(e) The water division may stay a threatened disconnection of service to an entire multiple dwelling where it concludes that good faith efforts are being made by the occupants to arrange for the payment of current water bills.

(f) Whenever an owner of a multiple dwelling, or the person, firm or corporation responsible for making payment for water service, fails to pay two consecutive bills for utility service by the time the third bill has been prepared, the utility must notify the commission within 15 days that it has invoked the procedures outlined in subdivisions (a) and (b) of this section. Unless otherwise authorized, the notification should be in the form of a semimonthly report filed with the water division. Such report should be cumulative, specify the total amount due for each overdue account, the period of arrearage, and indicate if a notice of discontinuance has been sent. If these reports demonstrate a need for changes in collection procedures, the division shall advise the commission.

(g) Sections 533.3 through 533.6 of this Part shall be applicable with respect to the discontinuance of service to entire multiple dwellings.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 533.8