Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 29.00 - Billing Procedures For Residential Rental Property Owners Cited For Violation Of The State Sanitary Code 105 Cmr 410.354 Or 105 Cmr 410.254
Section 29.06 - Utility Company Responsibility

Universal Citation: 220 MA Code of Regs 220.29

Current through Register 1531, September 27, 2024

(1) Obligation. Upon receiving a copy of a citation pursuant to 105 CMR 410.354 or 105 CMR 410.254, the utility company shall:

(a) Determine, pursuant to 220 CMR 29.08, whether the Code violation(s) meets the requirements of minimal use ;

(b) Determine, pursuant to 220 CMR 29.07(1), the property owner's time period of responsibility for electric and/or gas service previously billed to the tenant customer;

(c) Determine, pursuant to 220 CMR 29.07(2) or 220 CMR 29.08(1), the amount previously billed to the tenant customer for the time period established pursuant to 220 CMR 29.07(1);

(d) Place in escrow the amount of money paid by or on behalf of the tenant customer during the time period of the existence of the Sanitary Code violation as determined pursuant to 220 CMR 29.07 or 220 CMR 29.08(1); and

(e) Transfer the account of the tenant customer into the name of the property owner.

(2) Notice To Tenant Customer. Within 30 days of receipt of a Sanitary Code citation, a utility company shall inform the tenant customer in writing that:

(a) The account has been transferred into the name of the property owner;

(b) The amount incorrectly billed and paid by or on behalf of the tenant customer during the time period of the existence of the Sanitary Code violation pursuant to 105 CMR 410.354 and/or 105 CMR 410.254 as determined pursuant to 220 CMR 29.07(2)(a) or 220 CMR 29.08(1) has been placed in escrow;

(c) The tenant customer shall not be responsible for the cost of electric or gas service to the dwelling unit which is the subject of the violation, until the effective date of correction of the violation pursuant to 220 CMR 29.06(3)(d); and

(d) The tenant customer may dispute the dollar amount and/or the amount of time for which the property owner is responsible for electric or gas service previously billed to the tenant customer, by contacting the Consumer Division pursuant to 220 CMR 25.02(4)(b) and 220 CMR 29.09(1) within 60 days of the date of the utility company's written notice issued pursuant to 220 CMR 29.06.

(3) Notice to Property Owner. Within 30 days of receipt of a citation, an electric and/or gas company shall inform the property owner in writing that:

(a) The property owner's name shall appear as the customer of record on the account for the dwelling unit subject to the violation as of the effective date of the citation;

(b) The property owner is responsible for the cost of electric or gas service to the dwelling unit which is the subject of the violation, for the time period determined pursuant to 220 CMR 29.07(1);

(c) The property owner is currently responsible for paying the amount specified as determined pursuant to 220 CMR 29.07(2)(a) or 220 CMR 29.08(1).

(d) The property owner is responsible for paying for electric or gas service provided to the tenant customer until the effective date of correction of the Sanitary Code violation pursuant to 220 CMR 29.04(3);

(e) Upon correction of the Sanitary Code violation(s), the property owner must obtain a written correction notice from the Certifying Agency that the violation(s) has been corrected and the property owner must provide the utility company with a copy of such notice of correction within 30 days of the date of correction pursuant to 220 CMR 29.04(3);

(f) Upon receipt of the correction notice, a utility company shall remove the property owner's name from the account for the dwelling unit subject to the violation and the property owner shall no longer have financial responsibility for this account; and

(g) The property owner may dispute the dollar amount or the amount of time for which the property owner is responsible for electric or gas service previously billed to the tenant customer by contacting the Consumer Division of the Department pursuant to 220 CMR 25.02(4)(b) and 220 CMR 29.09(1) within 60 days of the date of the utility company's written notice issued pursuant to 220 CMR 29.06.

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