IT IS ESSENTIAL THAT THE UTILITY KNOW THAT YOU QUALIFY FOR THESE
SPECIAL PROTECTIONS. IF YOU QUALIFY, INFORM YOUR UTILITY TO BE SURE
YOUR SERVICE IS NEVER TERMINATED BY MISTAKE.
Service Protections:
Because you only get one check a month, you are sometimes late in paying
your bill.
As a result, the company now wants a deposit. What do you do? Your
service has
been shut off in the dead of winter and it affects your heating. What
do you do?
There is a law that protects you from unwarranted deposit requirements.
It also helps
protect you from shutoffs and provides special protections during emergencies
and
during the cold weather period from November 1 to April 15. This law,
the Home
Energy Fair Practices Act (HEFPA)
-- known as "The Utility Consumers Bill of Rights"
-- helps consumers keep their gas, electric and steam service on while
either paying
overdue bills or having a disputed amount investigated.
Deposits
If you are 62 years of age or older, a utility can't require a deposit
unless your service
was shut off for nonpayment in the last six months. But even if your
service had been
shut off, and you must pay a deposit, it can be paid in monthly installments.
Protections
Against Shutoffs
Your utility may not send a final shutoff notice until at least 23
days after the bill was
mailed. The shutoff notice must then give you 15 days to pay the bill,
work out a payment
plan, or contact the company for assistance before the actual shutoff
can occur.
Deferred Payment Agreement
Your utility company must offer you a deferred payment plan, in writing,
at least five days
(eight days if mailed) before shutoff. This plan and any amount required
as a down
payment must be fair and take your financial circumstances into consideration.
If you
are unable to reach a satisfactory agreement with the utility, the
Public Service
Commission will help. For assistance, call the PSC's toll-free HOTLINE
number
at 1-800-342-3355.
Restrictions
on When Service May be Turned Off
Service may be shut off for non-payment only between 8 a.m. and 4 p.m.,
Monday through
Thursday. Service may not be shut off on Friday, Saturday or Sunday;
on a holiday; on a
day before a holiday; or during the two-week period which includes
Christmas and
New Year's Day.
Medical Emergencies
If a medical emergency exists in your household, the shut off will
be postponed for
30 days, provided that your doctor or local board of health notifies
the utility. If this
certification is done by telephone, it must be confirmed in writing
within five business
days. It may be renewed if the inability to pay is disclosed on the
certification form.
Life-Support Systems
If you need utility service to operate a life-support device such as
a dialysis machine
or respirator, the certification will remain in effect as long as the
device is needed but
you must demonstrate your inability to pay bills.
Multiple-Family
Dwellings
If you live in a building with 3 or more apartments and your utility
service is included in
your rent, your utility must give 15 days notice before a shutoff year
round, and 30 days
notice during the cold weather period (November 1 to April 15). This
notice must be
posted in a common area in the building, such as a lobby and at each
entrance, and
must be given to each tenant. At least 10 days notice before heat-related
utility service
can be shut off during the cold weather period, special notice must
be given to each
tenant. This notice must include the telephone number to call if health
or safety
hardships would result from a shutoff. Shutoff may not occur until
hardship cases
are protected.
Payment Dates
Consumers on fixed incomes have the right to have their due dates adjusted
so they
can pay their bills on time. For example, if a monthly check comes
on the 3rd of the
month and the utility bill is due on the 5th, a consumer can ask the
utility to move the
due date to later in the month.
Third-Party Notification
You may designate a third party to receive notices about suspensions,
terminations
and credit on your behalf provided that the designated third party
agrees in writing
to accept such notices.
Telephone Service
Protections
The telephone company is threatening to shut off your service for lack
of payment.
You are insisting that the check must have gotten lost in the mail.
You need your phone
service because you may have to call for emergency medical assistance
-- at any time
-- for your ailing spouse. The situation may seem hopeless, but thanks
to the PSC rules
-- it is not. Residential telephone customers in New York State are
protected by a
comprehensive set of rules
in which telephone companies must comply with. The rules
follow, where appropriate, that protections already in place for New
York State gas,
electric and steam utility consumers under HEFPA. In the case above,
a medical hardship
exists in which the consumer needs the phone for emergency assistance.
Under the
telephone rules, a certification from a doctor or Board of Health would
postpone a
termination or suspension of service.
Deposits
If you are 62 years of age or older, a utility can't require a deposit
unless your service
has been shut off for nonpayment in the last six months. But even if
your service had
been shut off, and you must pay a deposit, it can be paid in 12 monthly
installments.
Protections
Against Suspensions or Terminations
Your utility may not send a final suspension or termination notice
until at least 25 calendar
days after the bill date if no payment is received. You have at least
eight calendar days
after receiving a notice before your service can be suspended (suspension
lets your
receive calls but not make calls).
Deferred
Payment Agreement
Your utility company must offer you a deferred payment agreement at
least eight days
before service is to be suspended or terminated. The plan may be for
no more than $450.
The agreement must be for a period of no less than 10 months, unless
you agree to a
shorter period.
Medical Hardship
If you or anyone in your home is ill and may need a phone to call for
emergency medical
assistance, shutoff may be postponed for 30 days, provided that your
doctor or local
Board of Health notifies the utility. The certification is renewable
but the doctor or
Board of Health must provide justification and you must demonstrate
that you are
not able to pay charges for service.
Payment Dates
Consumers on fixed incomes have the right to have their due dates adjusted
so they
can pay their bills on time. For example, if a monthly check comes
on the 3rd of the
month and the utility bill is due on the 5th, a consumer may require
the utility to move
the due date to later in the month.
Third-Party Notification
You may designate a third party to receive notices about suspensions,
terminations
and credit on your behalf. Your telephone company may also agree to
send monthly
bills to third parties.