Section En 1203.12 - Disconnection of Service in Residential Tenant/Landlord Situations(a) This section shall apply to: (1) Utilities other than sewer utilities; and(2) Situations where the landlord is the utility's customer of record.(b) "Tenant," for purposes of this section, means a person who rents and occupies a room in a rooming house or a person who rents and occupies a dwelling unit, in a building or mobile home park owned by another, consisting of contiguous living, sleeping, kitchen, and bathroom facilities for the exclusive use of that person and the customer's household. "Tenant" specifically excludes a person who rents a unit for short-term, vacation, or recreation purposes.(c) Except in the circumstances listed under (e) below, no utility shall disconnect service to a customer if any part of the service provided accrues to the benefit of one or more parties known by the utility to be residential tenant(s) as defined in (b) above, unless the utility gives written notice to those tenants pursuant to (d) below.(d) Written notice of disconnection shall set forth:(1) The date on or after which the utility proposes to disconnect service;(2) A statement that the reason for disconnection is a dispute between the utility and the landlord;(3) A statement that the tenant should contact the landlord for more information regarding the dispute;(4) A statement that the tenant has a right to put service in his or her own name and thereby become the customer of record pursuant to (h) below when the utility service benefits only that tenant;(5) An address and telephone number at which the tenant may contact the utility; and(6) The toll-free telephone number of the department's consumer division.(e) A utility may disconnect service without giving notice to tenants in the following circumstances: (1) When necessary to avoid danger to life, health, or property; and(2) Upon the order of a duly constituted public authority such as state municipal fire, police, or other emergency response officials.(f) Immediately upon learning that a tenant has been erroneously disconnected without notice, the utility shall reconnect service at no cost to the tenant and shall proceed with proper notice pursuant to this section.(g) Delivery of written notice shall be made on the tenants at least 10 calendar days in advance of the proposed disconnection in the following manner: (1) By posting a conspicuously lettered notice at least 10 calendar days prior to the proposed date of disconnection in a common area or such other place within the building or mobile home park as is likely to receive the attention of the tenants; and(2) In addition to (1) above, a utility shall deliver written notice by one of the following methods: a. Posting or hanging the notice on the front or back door of each tenant's dwelling unit;b. Sliding the notice under the front or back door of each tenant's dwelling unit; orc. By mail which is postmarked not less than 14 calendar days prior to the proposed date of disconnection and addressed to each tenant by name or to the "occupant" of each affected dwelling unit.(h) The utility shall provide service to a tenant in the tenant's own name as customer of record if so requested and if the meter provides utility service to only that tenant, when known by the utility, subject to the terms and requirements of the utility's tariff and this chapter, without requiring the tenant to pay any part of the landlord's past due balance as a condition of receiving service.N.H. Admin. Code § En 1203.12
Derived from Number 24, Filed June 13, 2024, Proposed by #13986, Effective 5/30/2024, Expires5/30/2034 (see Revision Note at chapter heading for En 1200).