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N.Y. Abandoned Property Law § 400

Unclaimed deposits and refunds for utility services

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2026
As of January 1, 2015
§ 400. Unclaimed deposits and refunds for utility services. 1. The\nfollowing unclaimed moneys held or owing by a gas corporation, an\nelectric corporation, a gas and electric corporation, a district steam\ncorporation, a telegraph corporation, a telephone corporation, a\ntelegraph and telephone corporation, or a waterworks corporation, shall\nbe deemed abandoned property:\n (a) Any deposit made by a consumer or subscriber with such a\ncorporation to secure the payment for utility services furnished by such\ncorporation, or the amount of such deposit after deducting any sums due\nto such corporation by such consumer or subscriber, together with any\ninterest due thereon, which shall have remained unclaimed by the person\nor persons appearing to be entitled thereto for two years after the\ntermination of the utility services to secure the payment of which such\ndeposit was made, or, if during such two year period utility services\nare furnished by such corporation to such consumer or subscriber and\nsuch deposit is held by such corporation to secure payment therefor, for\ntwo years after the termination of such utility services.\n (b) Any amount paid by a consumer or subscriber to such a corporation\nin advance or in anticipation of utility services furnished or to be\nfurnished by such corporation which in fact is not furnished, after\ndeducting any sums due to such corporation by such consumer or\nsubscriber for utility services in fact furnished, which shall have\nremained unclaimed by the person or persons appearing to be entitled\nthereto for two years after the termination of the utility services for\nwhich such amount was paid in advance or in anticipation, or, if during\nsuch period utility services are furnished by such corporation to such\nconsumer or subscriber and such amount is applied to the payment in\nadvance or in anticipation of such utility services, for two years after\nthe termination of such utility services.\n (c) The amount of any refund of excess or increased rates or charges\nheretofore or hereafter collected by any such corporation for utility\nservices lawfully furnished by such corporation which has been or shall\nhereafter lawfully be ordered refunded to a consumer or other person or\npersons entitled thereto, together with any interest due thereon, less\nany lawful deductions, which shall have remained unclaimed by the person\nor persons entitled thereto for two years from the date it became\npayable in accordance with the final determination or order providing\nfor such refund.\n 2. Any such abandoned property held or owing by such a corporation to\nwhich the right to receive the same is established to the satisfaction\nof such corporation shall cease to be deemed abandoned.\n
§ 400. Unclaimed deposits and refunds for utility services. 1. The\nfollowing unclaimed moneys held or owing by a gas corporation, an\nelectric corporation, a gas and electric corporation, a district steam\ncorporation, an energy services company, a telegraph corporation, a\ntelephone corporation, a telegraph and telephone corporation, or a\nwaterworks corporation, shall be deemed abandoned property:\n (a) Any deposit made by a consumer or subscriber with such a\ncorporation or ESCO to secure the payment for utility services furnished\nby such corporation or ESCO, or the amount of such deposit after\ndeducting any sums due to such corporation or ESCO by such consumer or\nsubscriber, together with any interest due thereon, which shall have\nremained unclaimed by the person or persons appearing to be entitled\nthereto for two years after the termination of the utility services to\nsecure the payment of which such deposit was made, or, if during such\ntwo year period utility services are furnished by such corporation or\nESCO to such consumer or subscriber and such deposit is held by such\ncorporation or ESCO to secure payment therefor, for two years after the\ntermination of such utility services.\n (b) Any amount paid by a consumer or subscriber to such a corporation\nor ESCO in advance or in anticipation of utility services furnished or\nto be furnished by such corporation or ESCO which in fact is not\nfurnished, after deducting any sums due to such corporation or ESCO by\nsuch consumer or subscriber for utility services in fact furnished,\nwhich shall have remained unclaimed by the person or persons appearing\nto be entitled thereto for two years after the termination of the\nutility services for which such amount was paid in advance or in\nanticipation, or, if during such period utility services are furnished\nby such corporation or ESCO to such consumer or subscriber and such\namount is applied to the payment in advance or in anticipation of such\nutility services, for two years after the termination of such utility\nservices.\n (c) The amount of any refund of excess or increased rates or charges\nheretofore or hereafter collected by any such corporation or ESCO for\nutility services lawfully furnished by such corporation or ESCO which\nhas been or shall hereafter lawfully be ordered refunded to a consumer\nor other person or persons entitled thereto, together with any interest\ndue thereon, less any lawful deductions, which shall have remained\nunclaimed by the person or persons entitled thereto for two years from\nthe date it became payable in accordance with the final determination or\norder providing for such refund.\n 2. Any such abandoned property held or owing by such a corporation or\nESCO to which the right to receive the same is established to the\nsatisfaction of such corporation or ESCO shall cease to be deemed\nabandoned.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.