New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle BB - State Energy Office
Chapter II - Codes And Standards
Subchapter H - Energy Information
Part 7835 - Truth In Heating
Section 7835.3 - Responsibilities of sellers

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7835.3

Current through Register Vol. 46, No. 39, September 25, 2024

(a) On or after January 1, 1981, the seller of a residential structure shall, within 15 days of receipt of a written request from a prospective purchaser, furnish such purchaser with a complete set of heating and/or cooling bills, or a summary thereof, for the life of the structure or for the preceding two years, whichever is shorter; provided, however, that cooling bills, or a summary thereof, shall be furnished only where the cooling equipment will remain with the residential structure.

(b) A seller shall not be obligated to provide the information required by this Part to a prospective purchaser:

(1) where the request is made after the signing of a purchase contract; or

(2) if, during such 15-day period, the seller signs a purchase contract with another person.

(c) A seller who lacks all or part of such heating and/or cooling bills shall request the retail vendor of fuel or utility services to provide such seller with a complete set of heating and/or cooling bills, or a summary thereof. Such request may be written or oral if made by the person with whom the retail vendor has the account for which the information is being requested. Where the request is made by a person for an account other than his own, such request shall be in writing, unless otherwise authorized by the retail vendor.

(d) Where a seller is unable to furnish a prospective purchaser with a complete set of heating and/or cooling bills, or a summary thereof, he shall nevertheless provide the prospective purchaser with whatever records he has been able to obtain, or a summary thereof, and indicate which periods of time and/or which fuel or utility services are not covered by the incomplete records or summary provided.

(e) The heating and/or cooling bills, or a summary thereof, provided to a prospective purchaser shall contain the following information:

(1) address of the residential structure;

(2) name and address of the retail vendor of fuel and/or utility services;

(3) period of time covered;

(4) type, quantity and cost of all fuel and/or utility services consumed during this period for heating and/or cooling purposes. Where a summary is provided, it shall also contain, in the case of a fuel the current unit cost, and in the case of a utility service the quantity consumed and the total cost for the most recent billing period;

(5) Where the fuel and/or utility services were used for purposes in addition to heating and/or cooling, a statement to that effect;

(6) where additional energy sources, such as solar, wind or wood, contributed to meeting the residential structure's heating and/or cooling needs, a statement to that effect; and

(7) where the residential structure was unoccupied for any period of time, 30 days or longer in length, the approximate dates during which the residential structure was unoccupied.

(f) Where a summary is provided, the seller shall sign the summary and indicate whether the information contained therein is based on information provided by a retail vendor, or on records maintained by the seller. Upon the request of the prospective purchaser, the seller shall make available for inspection the information provided by the retail vendor or the records maintained by the seller.

(g) No charge or fee shall be imposed on any prospective purchaser by a seller for furnishing heating and/or cooling bills, or a summary thereof, pursuant to the provisions of this Part.

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