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 7835.5 - Responsibilities of retail vendors

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 7835.5

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

(a) Every retail vendor of fuel or utility services used for heating and/or cooling residential structures shall maintain records of the cost and quantity of fuel or utility services delivered to any such structure for at least two years.

(b) Within 10 days after receiving a request from a seller or lessor of a residential structure, or their designated agent, a retail vendor shall furnish such person with a complete set of heating and/or cooling bills, or a summary thereof, for the preceding two-year period, or such shorter period of time during which fuel or utility services were provided to the residential structure. Such a 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.

(c) The heating and/or cooling bills, or a summary thereof, provided to a seller or lessor, or his designated agent, 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; and

(4) type, quantity and cost of all fuel and/or utility services consumed during such period. 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.

(d) Where a retail vendor did not maintain records of the cost and quantity of fuel or utility services provided to a residential structure prior to September 1, 1980, the retail vendor shall indicate in the response to the request for heating and/or cooling bills, any applicable period of time prior to September 1, 1980 for which such records were not maintained.

(e) A retail vendor may charge a fee, not to exceed $5, to any seller or lessor, or his designated agent, for providing heating and/or cooling bills, or a summary thereof, for the residential structure to such person; provided, however, that a retail vendor may require payment of any such fee, prior to the retail vendor's release of the bills or summary, only where the person requesting the information does not have an account with the retail vendor.

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