UNPAID UTILITY BILLS

I live in a six-family rent stabilized building. All of the tenants have just received notification from Con Edison that the landlord has not paid his bills and the service will be discontinued. As tenants, what can we do about this situation?

                                                                W.K., Astoria

When the landlord is delinquent in paying gas or electric bills, the utility company must give written notices to tenants. The law permits tenants to pay the landlord's outstanding bills and deduct the payment from their rents in order not to disrupt service. If the service is discontinued, it will affect the electricity for the public areas of the building in addition to the heat and hot water services since the trigger mechanisms for boilers, burners, and hot water heaters are all run by electricity.

The tenants should unite, form a Tenants Association and try to contact the landlord before a final turn-off notice is sent. If the landlord cannot be reached and the tenants do receive the turn-off notice, then contact the utility company and tell them that the tenants will be paying the bill. The tenants can then deduct the amount they paid from their rents. The Public Service Commission can also assist the tenants, contact them at 1-800-342-3355. In the event service is turned off, it will be reconnected within 24 hours after payment is received.

Furthermore, according to the Real Property Law Section 235-a, and the Public Service law Section 33: If the landlord of a multiple dwelling fails to pay a utility bill and service is discontinued, tenants can receive payment for damages from the landlord.