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 29.07 - Determination of Retroactive Time Period and Amount of Property Owner's Responsibility

Universal Citation: 220 MA Code of Regs 220.29

Current through Register 1531, September 27, 2024

(1) Time Period. A utility company shall determine the time period of the property owner's responsibility for paying for service previously billed to the tenant customer resulting from the Sanitary Code violation(s) pursuant to 105 CMR 410.354 and/or 105 CMR 410.254 as the lesser of (a), (b) or (c):

(a) By calculating back two years from the effective date of the citation, pursuant to 220 CMR 29.04(2); or

(b) By referencing back to the date that the tenant customer became customer of record for service to the dwelling unit that is the subject of the violation; or

(c) By reviewing billing history for the dwelling unit that is the subject of the violation over a two year period back from the effective date of the citation, pursuant to 220 CMR 29.04(2) to determine the approximate date of commencement of the Sanitary Code violation(s).

(2) Amount.

(a) Unless calculating the property owner's responsibility on the basis of minimal use pursuant to 220 CMR 29.08(1), a utility company shall calculate the amount of the property owner's responsibility by determining the amount previously billed to the tenant customer for the time period established pursuant to 220 CMR 29.07(1).

(b) The property owner also shall be responsible for electric and/or gas service provided to the tenant in the dwelling unit subject to the violation(s) from the effective date of the citation pursuant to 220 CMR 29.04(2) to the effective date of correction pursuant to 220 CMR 29.04(3).

(c) A utility company shall not collect from a customer on account of failure to pay any bill due for gas or electricity furnished for domestic purposes any charges as, or in the nature of, a penalty pursuant to M.G.L. c. 164, § 94D.

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