N.Y. Comp. Codes R. & Regs. tit. 9 § 7835.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 7835.2 - Definitions

For the purposes of this Part, the terms hereinafter listed shall have the following meanings, unless the context clearly indicates otherwise:

(a) Fuel shall mean any grade of oil, coal, propane, bottled gas, or other fossil fuel.

(b) Heating and/or cooling bills shall mean all bills rendered by a retail vendor for energy used for space heating and/or air conditioning in a residential structure, including any bills where the cost of energy used for space heating and/or air conditioning is not differentiated from the costs of energy used for any other purpose.

(c) Lessor shall mean any person who offers any residential structure for lease, sublease or assignment to the general public.

(d) Life of the structure shall mean the period of time, beginning on the first day that utility services were provided to the residential structure for initial occupancy, to the time that a prospective purchaser or lessee requests the heating and/or cooling bills.

(e) Person shall mean any individual, trustee, agency, partnership, association, corporation, company or other legal entity. This term shall not include any municipality, political subdivision or agency thereof, or any legal entity who or which is offering a residential structure for sale or lease pursuant to an order of a court of competent jurisdiction.

(f) Prospective lessee shall mean any person who inquires about renting a residential structure which has been offered for lease, sublease or assignment to the general public.

(g) Prospective purchaser shall mean any person who inquires about purchasing a residential structure which has been offered for sale to the general public.

(h) Retail vendor shall mean any person in the business of selling fuel or utility services directly to the owner or occupant of a residential structure.

(i) Residential structure shall mean a one- or two-family dwelling or a single unit of a multiple dwelling, including an individual condominium unit or cooperative unit, which is offered for sale or rental on or after January 1, 1981, by any person; provided, however, that any such dwelling or unit shall not be considered a residential structure if the dwelling has never been occupied; and provided further, that a single unit of a multiple dwelling shall not be considered a residential structure if the owner or lessee thereof is not responsible for the direct payment of both heating and cooling bills.

(j) Seller shall mean any person who offers a residential structure for sale to the general public.

(k) Utility services shall mean the delivery of electricity, natural gas or steam.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7835.2