NY Tenant Rights: Utility Shutoff Protections Explained

Worried about your utilities being shut off while renting in New York? You're not alone. New York tenants have specific rights and protections regarding utility shutoffs. Understanding these protections can help you stay safe and maintain access to heat, water, electricity, and other essential services in your home.

Your Rights as a Tenant: Preventing Utility Shutoff

New York State law provides important safeguards to protect renters from the sudden shutoff of vital utilities. Protections may apply whether utilities are in your name or your landlord's, as long as you are making payments or your rent covers these services. These protections ensure your well-being, especially during extreme weather or if you are vulnerable due to age, health, or income.

Key Protections for Tenants

• Advance Notice: Utility companies must provide written notice before shutting off services for nonpayment or other reasons.
• Winter Moratorium: From November 1 through April 15 each year, additional safeguards prevent heat shutoffs for residential tenants.
• Special Protections: Extra protections exist for households with elderly, seriously ill, or disabled members. You may also qualify for protection if you receive public assistance or are affected by medical emergencies.
• Third-Party Notification: You can designate another adult to receive shutoff notices on your behalf to help prevent accidental loss of service.

If your rental unit faces a utility shutoff due to your landlord’s nonpayment (such as inclusion of utilities in your rent), state law gives you the right to continue or restore these services and deduct reasonable costs from future rent payments. See Section 235-a of the New York Real Property Law for details.[1]

What To Do If You Receive a Shutoff Notice

If you receive a shutoff notice, do not ignore it. Take prompt action to protect your right to continued utility service:

• Contact the utility company to discuss your account and options for payment arrangements or dispute resolution.
• If the utilities are included in your rent, notify your landlord in writing and request immediate action.
• If your landlord does not respond, you may apply for direct utility service in your own name and deduct payments from your rent.
• Seek help from agencies such as the New York State Department of Public Service (PSC) complaint process.

Official Forms Renters May Need

• PSC Complaint/Inquiry Form (No Number): Used to file a formal complaint or inquiry if your utility company fails to provide notice, refuses service, or you face wrongful shutoff.
  How to file a PSC complaint online.
  Example: If your electricity is shut off without proper notice or you believe your rights have been violated, submit this form to have the state review your complaint.
• Special Protections Customer Notification (HEFPA): For households with serious illness, elderly, or disabled members to notify utilities and seek added protection.
  Information on HEFPA protections.
  Example: If someone in your household depends on medical equipment, use this form to avoid service shutoff.
• Third-Party Notification Form: Allows renters to add another party (friend, caseworker) to receive utility shutoff warnings, helping prevent missed notices.
  How to apply for Third-Party Notification.

Understanding the Role of the NY Public Service Commission (PSC)

The New York State Public Service Commission (PSC) is the main state body responsible for utility service rules and tenant protections. They handle utility complaints and enforce state regulations like the Public Service Law (Article 2 and Article 2-A) and Real Property Law Section 235-a, which together outline your rights and procedures relating to shutoffs and utility payments.[2][3]

Legislative Protections for Renters

Your rights as a renter are found mainly in the New York State Real Property Law Section 235-a and the Public Service Law Articles 2 and 2A (HEFPA).

Dealing with Emergency and Medical Needs

For tenants with a medical hardship or critical health needs, utilities must respect documented emergencies. By submitting a completed Special Protections Notification (see above), you gain temporary protection while the situation is evaluated. Never hesitate to contact your utility or the PSC if you feel unsafe or at risk.

FAQs: Utility Shutoff Protections in NY

1. Can my landlord legally shut off my utilities in New York?
   No. Only utility companies can shut off service, and even then, they must provide required notice. Landlords are prohibited from intentionally turning off utilities to force a tenant to move out or as retaliation.
   
2. What if I pay my utilities through my rent and my landlord is behind on payments?
   If the landlord fails to pay and the utility company threatens shutoff, you can pay the bill to keep service and deduct what you paid from your rent. You should also notify the utility and file a complaint with the PSC if needed.
   
3. How much notice must a utility company give before shutting off service?
   Under HEFPA, utilities must give at least 15 days' written notice before shutoff. Additional notice and protections may apply for winter months or vulnerable customers.
   
4. Are there special protections during the winter?
   Yes. From November 1 to April 15, there are extra requirements before shutting off heat-related services to any residence, especially those with children, elderly, or health risks.
   
5. What should I do if my utilities are disconnected wrongfully?
   Contact the utility immediately, document everything, and file a complaint with the PSC. Restoration should occur as soon as possible once the issue is resolved.
   

Need Help? Resources for Renters

• NY Public Service Commission Utility Complaints (for disputes, wrongful shutoffs, or seeking restoration)
• Department of Public Service (PSC) Home (official tribunal for utility matters)
• NYS Homes & Community Renewal – Tenant Help (general renter assistance resources)
• NYC Residents: File a Complaint About Lack of Utilities or Heat

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1. New York Real Property Law Section 235-a – Utility Service to Tenants
2. Public Service Law (HEFPA) Article 2 & 2A
3. PSC: Your Rights and Protections as a New York State Residential Customer

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