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 7835.4 - Responsibilities of lessors

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7835.4

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

(a) On or after January 1, 1981, the lessor of a residential structure shall, immediately upon receipt of a written or oral request from a prospective lessee, furnish such lessee 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 being leased.

(b) A lessor 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 lessor with a complete set of heating and/or cooling bills, or a summary thereof. Such request shall be in writing, unless otherwise authorized by the retail vendor.

(c) Where the lessor is unable to furnish a prospective lessee with a complete set of heating and/or cooling bills, or a summary thereof, he shall nevertheless provide the prospective lessee 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.

(d) The heating and/or cooling bills, or a summary thereof, provided to a prospective lessee 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.

(e) Where a summary is provided, the lessor 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 prior lessee. Upon the request of the prospective lessee, the lessor shall make available for inspection the information provided by the retail vendor or maintained by the prior lessee.

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

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