§ 116 — Discontinuance of water service to multiple dwellings

§ 116. Discontinuance of water service to multiple dwellings. 1.\nNotwithstanding any other provisions of law, no public utility company\nshall discontinue water service to an entire multiple dwelling (as\ndefined in the multiple dwelling law or the multiple residence law)\nlocated anywhere in this state for nonpayment of bills rendered for\nservice unless such utility shall have given fifteen days' written\nnotice of its intention so to discontinue as follows:\n (a) Such notice shall be served personally on the owner of the\npremises affected, or in lieu thereof, to the person, firm, or\ncorporation to whom or which the last preceding bill has been rendered\nand from whom or which the utility has received payment therefor, and to\nthe superintendent or other person in charge of the building or premises\naffected, if it can be readily ascertained that there is such\nsuperintendent or other person in charge.\n (b) In lieu of personal delivery to the person or persons, firm or\ncorporation specified in (a) above, such notice may be mailed in a\npostpaid wrapper to the address of such person or persons, firm or\ncorporation.\n (c) In addition to the notice prescribed by (a) or (b) above, fifteen\ndays' written notice shall be (i) posted in the public areas of such\nmultiple dwelling, (ii) mailed to the "Occupant" of each unit in that\nmultiple dwelling, (iii) mailed to the local health officer and the\ndirector of the social services district for the political subdivision\nin which the multiple dwelling is located, (iv) if the multiple dwelling\nis located in a city or a village, mailed to the mayor thereof, or if\nthere be none, to the manager, or, if the multiple dwelling is located\nin a town, then mailed to the town supervisor, and (v) mailed to the\ncounty executive of the county in which the multiple dwelling is\nlocated, or if there be none, then to the chairman of such county's\nlegislative body. Notice required by (iv) and (v) of this paragraph may\nbe mailed to the persons specified therein or to their respective\ndesignees. The notice required by this paragraph shall state the\nintended date of discontinuance of service, the amount due for such\nservice, and the procedure by which any tenant or public agency may make\nsuch payment and thereby avoid discontinuance of service.\n (d) The written notice required by clauses (iii), (iv) and (v) of\nparagraph (c) above shall be repeated not more than four days nor less\nthan two days prior to such discontinuance.\n 1-a. Whenever a notice of intention to discontinue utility service has\nbeen made pursuant to the provisions of this section and obligations\nowed the utility have been satisfied, the utility shall notify, in the\nsame manner as it gave such notice of intention, the occupant of each\nunit that the intention to discontinue utility service no longer exists.\n 2. For the purposes of this section, the department charged with\nenforcing the multiple dwelling law shall prepare a schedule of all\nmultiple dwellings within its jurisdiction and shall provide a copy of\nsuch schedule to any water corporation subject to the provisions of this\nsection. Such schedule shall be revised semi-annually and a revised copy\nprovided to such corporation. Every county, and every municipality to\nwhich the multiple dwelling law does not apply, which county or\nmunicipality has compiled or hereafter may compile a listing of all\nmultiple dwellings within its jurisdiction shall make such listing\navailable without charge to any water corporation providing service in\nsuch county or municipality.\n 3. Any water corporation which willfully fails to comply with the\nprovisions of this section shall be liable for a penalty of twenty-five\ndollars for each occupied unit of the multiple dwelling for each day\nduring which service is unlawfully discontinued; provided, however, that\nwhen the only non-compliance with this section is failure to mail notice\nto each "Occupant" as required by clause (ii) of paragraph (c) of\nsubdivision one above the penalty shall be twenty-five dollars for each\noccupied unit of the multiple dwelling to which notice was not mailed\nfor each day during which service is unlawfully discontinued. An action\nto recover a penalty under this section may be brought by the counsel to\nthe commission in any court of competent jurisdiction in this state in\nthe name of the people of the state of New York. Any monies recovered in\nsuch action shall be paid to the state treasury to the credit of the\ngeneral fund.\n 4. Any person who willfully interferes with the posting of the notice\nspecified in clause (i) of paragraph (c) of subdivision one above by any\nwater corporation, willfully defaces or mutilates any such notice, or\nwillfully removes the same from the place where it is posted by such\ncompany prior to the date specified therein for the discontinuance of\nservice shall be guilty of a violation and, upon conviction, shall be\npunished by a fine not exceeding twenty-five dollars.\n 5. The commission shall maintain rules and regulations for the payment\nby tenants of utility bills for water service in a multiple dwelling to\nwhich this section applies where the owner of any such multiple\ndwelling, or the person, firm or corporation to whom or which the last\npreceding bill has been rendered or from whom or which the utility has\nreceived payment therefore, has failed to pay such utility bills. Such\nrules and regulations shall (i) provide that utility service may not be\ndiscontinued to any such multiple dwelling as long as the tenants\ncontinue to make timely payments in accordance with established\nprocedures; (ii) include designation of an office to advise tenants of\nthe rights and procedures available pursuant to such rules and\nregulations; (iii) assure that tenants shall not be liable for bills\nmore than two months in arrears; and (iv) require the commission upon\npetition of twenty-five percent of the tenants of such multiple dwelling\nto meet with representatives of such tenants and the owner, person, firm\nor corporation to whom or which the last preceding bill has been\nrendered or from whom or which the utility has received payment\ntherefore.\n