N.Y. Comp. Codes R. & Regs. tit. 16 § 233.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 233.6 - Penalties for noncompliance

(a) In the event the utility finds that any dwelling fails to comply with subdivision (a) or (b) of section 233.2 of this Part, the utility shall impose a 25-percent surcharge on any bill for electric or gas service to the customer until such violations are corrected.

(b) The effective date of the surcharge rate shall be:

(1) immediately after notice, in the event the owner is directly responsible for the noncompliance; or

(2) ninety days after notice, in the event the owner has not contributed to the deficiencies. No surcharge shall be applied if the owner brings the building into compliance within 90 days.

(c) In the event the owner is not billed for the provision of utility service, no surcharges will be applied to the bills of the nonowner occupants of the dwelling. Instead, after notification to the owner that the building is not in compliance, a surcharge will be billed to the owner. The surcharge will be 25 percent of the utility bills for the dwelling that is not in compliance.

(d) In the event that circumstances prevent collecting the surcharge amount from the owner of the noncomplying building, the utility may refuse future connections for service to new tenants in the dwelling until it is brought into compliance.

(e) Furthermore, if the owner is an occupant of the dwelling but is not billed for any gas or electric utility service, the surcharge will be imposed on the bill for service to the unit occupied by the owner.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 233.6