Utilities

If you receive notice that your utilities will be shut off, you need to act quickly to protect your rights. It is more difficult to get service turned back on after shut off. No matter who is responsible to pay for the utilities, a utility company cannot cut off service without the following:

• A 10-day written notice before shut-off
• An attempt to contact you or an adult in your household personally at least 3 days before the
  shut-off
• An attempt to contact you or an adult in your household at the time of the shut-off
• During December to March, if the company has not made personal contact prior to termination, it must post a notice in an obvious place at your house saying your utilities will be shut off and they must give you at least 48 hours’ notice

After a 10-day notice has been given to a tenant by a utility company, the company has 60 days to turn off the tenant’s utility without another 10-day notice.

If the utility company turned off service without prior notice, it has broken the law. Contact the utility company and demand that the service be restored immediately. Ask to speak to the supervisor and write down the name of the person you speak with. If necessary, call the Public Utility Commission at 1-800-692-7380. If you need legal assistance, consult a private attorney or call your local Legal Aid office.

Steps to Avoid a Utility Shut-Off

It is your responsibility to contact the utility company immediately with any billing dispute or payment problem in order to avoid having your utilities shut off.

1. Contact the utility company at the phone number on the notice. Ask to set up a payment agreement. The length of payment agreements is determined by law. If your household is low income, make sure you inform the utility company as there are longer payment agreements available for low income households. The utility company is only required to provide you with one payment agreement for the same debt. If you do not believe a utility is providing a payment term you can report them to the Public Utility Commission (PUC) at 1-800-692-7380. The PUC can issue a payment agreement.
2. Show that you paid your bill or show that there is a disagreement (dispute) about your bill. If you dispute your bill or disagree with the meter readings, you must notify the utility company and tell them that you dispute the bill. Your service will not be able to be shut off during the period that you are waiting for a response to your inquiry or dispute. You will still be obligated to pay all utility bills that you do not dispute, including any bills you are receiving while the complaint is ongoing. If you and your utility company cannot agree, call the Public Utility Commission (PUC) at 1-800-692-7380.
3. The utility company cannot shut off your service if you obtain medical certification that someone in your home is seriously ill or someone has a medical condition that will be made worse by a shut off. After you tell the utility about this medical condition, you will need to get a doctor or nurse practitioner to call or send a statement to the utility company confirming the medical condition. The shut off can be stopped for a maximum of 30 days at a time. The medical certification can be renewed two additional times. If your service has already been shut off, this will require the utility company to restore your service. You still have to make payment arrangements on any undisputed utility bills.
4. If you are a victim of domestic violence and have a valid Protection from Abuse Order (PFA), there are special procedures and protections for handling your utility service. Call your utility company to inform them of your PFA so these special procedures and protections can put in place for you. You may be required to provide a copy of the PFA to the utility company.
5. If you live in a low income household, there may be special arrangements to help you – See Trouble Paying Utility Bills for information on programs that help low income customers.

What if my Landlord is Responsible for Paying the Utility Bills?

If your landlord is responsible for paying for utility service and fails to pay the utility bill or if the landlord instructs the utility company to shut off your service, the Utility Services Tenants Right Act requires that you be notified by the utility company at least 30 days in advance.

Once the utilities have been shut off, the situation may become more complicated. First, attempt to have the landlord make the necessary payments immediately to restore your service. If the
landlord does not make the necessary payments to restore service, you and any other tenants may have to make the payments in order to get the service restored. Any bill you pay to get the service restored can be deducted from your rental payments. You also may be able to have the utility service transferred to your name. However, be careful—you may need to put down a sizable deposit and it may also affect your lease. Seek legal counsel as soon as possible if you do this.

Getting Utility Service Back On

Between April 1 and November 30, if you pay the amount owed in full or make a payment agreement (if eligible) and meet any other conditions required by the utility company, your service must be restored within 3 days.

Between December 1 and March 31, your service must be restored within 24 hours if you pay the amount owed in full or make a payment agreement (if eligible) and meet any other conditions required by the utility company.