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 7835.6 - Penalties
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The penalty for a violation of this Part by any seller, lessor or retail vendor shall be $100 for each separate and distinct violation.
(b) A seller shall not be in violation of this Part where the seller's failure to timely furnish a complete set of heating and/or cooling bills, or a summary thereof, is due to the failure by a retail vendor to furnish the seller with heating and/or cooling bills, or a summary thereof, and a request was made to the retail vendor within five days of receipt by the seller of a written request for such bills from a prospective purchaser.
(c) A lessor shall not be in violation of this Part where the lessor's failure to timely furnish a complete set of heating and/or cooling bills, or a summary thereof, is due to the failure by a retail vendor to furnish the lessor with heating and/or cooling bills, or a summary thereof, and such request was made to the retail vendor within five days of being notified that the structure is to be vacated.
(d) A seller or lessor shall not be in violation of this Part for the failure to furnish a complete set of heating and/or cooling bills, or a summary thereof, if he has not been the occupant of the residential structure being offered for sale or lease during all or part of the preceding two-year period, or the life of the structure, whichever is less, and he has made reasonable attempts to obtain the heating and/or cooling bills or the name of the retail vendor of fuel or utility services from the occupant of the residential structure, and has been unsuccessful in obtaining such information.
(e) A retail vendor shall not be in violation of this Part for the failure to maintain records of the cost and quantity of fuel or utility services provided to a residential structure prior to September 1, 1980.
(f) The failure of a seller or lessor to furnish the heating and/or cooling bills, or summary thereof, required pursuant to this Part, to a prospective purchaser or lessee shall not affect legal title to or possession of any residential structure or permit any purchaser or lessee of any residential structure to avoid any obligations he may have under any purchase contract or lease.
(g) Any person who shall knowingly provide false or inaccurate information shall be deemed to be in violation of this Part.
