N.Y. Public Service Law § 48-a
Utility services; domestic violence victims
Redline — January 1, 2022 → current.View current text →
Current — January 1, 2024
As of January 1, 2022
§ 48-a. Utility services; domestic violence victims. Every utility\ncorporation shall allow a person who is under a shared contract with\nsuch utility corporation and who is a victim of domestic violence, to\nopt-out of such contract without charge when such person requests to\nopt-out in writing and provides to such utility corporation any of the\nfollowing documents, which shall relate to such domestic violence,\nwithin six months of the document's issuance: (a) a valid domestic\nviolence incident report form, as such term is defined in subdivision\nfifteen of section eight hundred thirty-seven of the executive law; (b)\na valid police report; (c) a valid order of protection; (d) a signed\naffidavit from a licensed medical or mental health care provider,\nemployee of a court acting within the scope of his or her employment,\nsocial worker, a rape crisis counselor, as defined in section forty-five\nhundred ten of the civil practice law and rules, or advocate acting on\nbehalf of an agency that assists domestic violence victims. A claim for\nopting-out of such contract without charge shall be made in good faith.\nSuch utility corporation shall waive the otherwise applicable charges\nfor such person requesting to opt-out of such contract.\n
§ 48-a. Utility services; domestic violence victims. 1. Every utility\ncorporation shall allow a person who is under a shared contract with\nsuch utility corporation to opt-out of such contract without fee,\npenalty or charge when such person is a victim of domestic violence and\nprovides an attestation in writing that they no longer wish to be a\nparty to such contract due to their status as a victim of domestic\nviolence. Such utility corporation may not require such person to\ndisclose confidential information or details relating to such person's\nstatus as a victim of domestic violence, as a condition of permitting\nsuch person to opt-out of such contract. Further, such utility\ncorporation may not make release from such contract contingent on: (a)\nmaintaining contractual or billing responsibility of a separated account\nwith the provider; (b) approval of separation by the primary account\nholder, if the primary account holder is not the person making such\nrequest; or (c) a prohibition or limitation on the separation as a\nresult of arrears accrued by the account. Such utility corporation shall\nrelease such person from such contract no later than seven days after\nreceiving such opt-out request. Such utility corporation shall dispose\nof information submitted by such person no later than thirty days after\nreceiving such information in a manner as to maintain confidentiality of\nsuch information.\n 2. Every utility corporation shall make information about the options\nand process described in subdivision one of this section readily\navailable to customers on the website and any mobile application of such\nutility corporation, and in other forms of public-facing customer\ncommunication.\n 3. A covered provider and any officer, director, employee, vendor or\nagent thereof shall not be subject to liability for any claims arising\nfrom an action taken or omission made with respect to compliance with\nthis section.\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.