Section 33. Discontinuance of residential utility service to multiple dwellings

1. Notwithstanding any other provisions  of  law,  no  public
  utility company or municipality shall discontinue gas, electric or steam
  service  to  an  entire  multiple  dwelling  (as defined in the multiple
  dwelling law or the multiple residence law)  located  anywhere  in  this
  state  for  nonpayment of bills rendered for service unless such utility
  shall have given fifteen days written notice  of  its  intention  so  to
  discontinue as follows:
    (a)  Such  notice  shall  be  served  personally  on  the owner of the
  premises  affected,  or  in  lieu  thereof,  to  the  person,  firm,  or
  corporation  to  whom or which the last preceding bill has been rendered
  and from whom or which the utility has received payment therefor, and to
  the superintendent or other person in charge of the building or premises
  affected,  if  it  can  be  readily  ascertained  that  there  is   such
  superintendent or other person in charge.
    (b)  In  lieu  of  personal delivery to the person or persons, firm or
  corporation specified in (a) above, such  notice  may  be  mailed  in  a
  postpaid  wrapper  to  the  address  of  such person or persons, firm or
  corporation.
    (c) In addition to the notice prescribed by (a) or (b) above,  fifteen
  days  written  notice  shall  be  (i) posted in the public areas of such
  multiple dwelling, (ii) mailed to the "Occupant" of each  unit  in  that
  multiple  dwelling,  (iii)  mailed  to  the local health officer and the
  director of the social services district for the  political  subdivision
  in which the multiple dwelling is located, (iv) if the multiple dwelling
  is  located  in  a city or a village, mailed to the mayor thereof, or if
  there be none, to the manager, or, if the multiple dwelling  is  located
  in  a  town,  then  mailed to the town supervisor, and (v) mailed to the
  county executive of  the  county  in  which  the  multiple  dwelling  is
  located,  or  if  there  be  none, then to the chairman of such county's
  legislative body. Notice required by (iv) and (v) of this paragraph  may
  be  mailed  to  the  persons  specified  therein  or to their respective
  designees. The  notice  required  by  this  paragraph  shall  state  the
  intended  date  of  discontinuance  of  service, the amount due for such
  service, and the procedure by which any tenant or public agency may make
  such payment and thereby avoid discontinuance of service.
    (d) The written notice required by clauses  (iii),  (iv)  and  (v)  of
  paragraph  (c)  above shall be repeated not more than four days nor less
  than two days prior to such discontinuance.
    1-a. Whenever a notice of intention to discontinue utility service has
  been made pursuant to the provisions of  this  section  and  obligations
  owed  the  utility  or  municipality have been satisfied, the utility or
  municipality shall notify, in the same manner as it gave such notice  of
  intention,  the  occupant of each unit that the intention to discontinue
  utility service no longer exists.
    2. For the purposes of  this  section,  the  department  charged  with
  enforcing  the  multiple  dwelling  law  shall prepare a schedule of all
  multiple dwellings within its jurisdiction and shall provide a  copy  of
  such  schedule to any gas, steam or electric corporation or municipality
  subject to the provisions of this  section.    Such  schedule  shall  be
  revised  semi-annually  and a revised copy provided to such corporation.
  Every county, and every municipality to which the multiple dwelling  law
  does  not  apply, which county or municipality has compiled or hereafter
  may compile a listing of all multiple dwellings within its  jurisdiction
  shall  make  such  listing available without charge to any gas, steam or
  electric corporation providing service in such county or municipality.
    3. Any gas,  electric  or  steam  corporation  or  municipality  which
  willfully  fails  to comply with the provisions of this section shall be

  liable for a penalty of twenty-five dollars for each  occupied  unit  of
  the  multiple  dwelling  for each day during which service is unlawfully
  discontinued; provided, however, that when the only non-compliance  with
  this section is failure to mail notice to each "Occupant" as required by
  clause  (ii) of paragraph (c) of subdivision one above the penalty shall
  be twenty-five dollars for each occupied unit of the  multiple  dwelling
  to  which  notice  was  not  mailed for each day during which service is
  unlawfully discontinued.   An action to recover  a  penalty  under  this
  section  may be brought by the counsel to the commission in any court of
  competent jurisdiction in this state in the name of the  people  of  the
  state  of New York. Any moneys recovered in such action shall be paid to
  the state treasury to the credit of the general fund.
    4. Any person who willfully interferes with the posting of the  notice
  specified in clause (i) of paragraph (c) of subdivision one above by any
  gas, steam or electric corporation or municipality, willfully defaces or
  mutilates  any such notice, or willfully removes the same from the place
  where it is posted by such company prior to the date  specified  therein
  for  the  discontinuance  of service shall be guilty of a violation and,
  upon conviction, shall be punished by a fine not  exceeding  twenty-five
  dollars.
    5. The commission shall maintain rules and regulations for the payment
  by  tenants  of  utility  bills  for gas, electric or steam service in a
  multiple dwelling to which this section applies where the owner  of  any
  such  multiple  dwelling,  or the person, firm or corporation to whom or
  which the last preceding bill has been rendered or from  whom  or  which
  the utility or municipality has received payment therefor, has failed to
  pay  such  utility  bills.  Such rules and regulations shall (a) provide
  that utility service may  not  be  discontinued  to  any  such  multiple
  dwelling  as  long  as  the  tenants continue to make timely payments in
  accordance with established procedures; (b) include  designation  of  an
  office to advise tenants of the rights and procedures available pursuant
  to  such  rules  and  regulations;  (c) assure that tenants shall not be
  liable for bills more than two months in arrears; and  (d)  require  the
  commission  upon  petition of twenty-five percent of the tenants of such
  multiple dwelling to meet with representatives of such tenants  and  the
  owner,  person,  firm or corporation to whom or which the last preceding
  bill has been rendered or from whom or which the  utility  has  received
  payment therefor.