If you live in Nassau and Suffolk counties, find out when and why your utilities can be shut off and when they cannot be, according to New York State Law.
Utility companies must follow proper shut-off procedures. If you are having trouble paying your utility bills or your gas or electric has been shut-off, this resource is for you.
1. When can my utilities be shut off?
In most cases, your utilities can only be shut off if the utility company sent you a Termination Notice and gave you at least 15 days to resolve the issue.
- Termination notices may not be sent until you are at least 20 days late on your bill.
- If you receive a Termination Notice, you can pay the overdue bill or make a payment arrangement to keep your utilities from being shut off.
Your utility company can shut off your service only between the hours of 8:00 a.m. and 4:00 p.m. from Monday through Thursday.
Your utility company can never shut off your service on a public holiday, the day before a holiday, the two-week period which includes Christmas and New Year's Day, or on a day before your utility business office closed.
2. Can my utilities be shut off because I owe the company a deposit, equipment or installation fee?
Yes, if you are more than 20 days late to pay for equipment or installation charges or a lawfully required deposit, your utilities could be shut off 15 days after you receive a Termination Notice.
3. When is the utility prohibited from shutting off service?
The utility company cannot shut of service:
- If you have not received a Termination Notice or it has not been 15 days since you received the final Termination Notice.
- If a doctor has certified to your utility company that you or someone in your household is experiencing a “medical emergency” and loss of service will aggravate your existing medical emergency.
- If you do not agree with the bill and you are in the middle of a formal complaint process concerning the amount owed on the bill.
- If you pay the bill in full when the company comes to shut off your service.
- If you make a payment agreement with your utility company that will cover the amount owed.
- The amount owed was billed and due more than a year ago, and because of no fault of yours, your utility did not begin termination procedures.
4. My landlord pays the bill. Can my utilities be shut off if they don’t pay the bill?
Yes, if your landlord pays the utilities bill, the utilities can be shut off if your landlord doesn't pay the bill. If this happens, you have to be notified first and given an opportunity to prevent the shut off.
There are rules about notification and there are rules about what is considered an opportunity to prevent the shut off. Most of the rules are below.
The company must:
- give a written notice of termination to the owner or person in charge of the building at least 15 days before the shut off date.
- give notice of heat-related service termination at least 30 days before the shut off date if between November 1 and April 15.
- post the notice in a place everyone in the apartment building can see at least 18 days before the shut off date (or 30 days before the shut off date if notice is given between November 1 to April 15 for heat-related service) if you live in an apartment building and mail you a separate notice at least 18 days before shut off.
- mail or give you a separate notice at least 15 days before shut off (or between November 1 to April 15, if your service is heat-related, you will be given at least 30 days notice) if you live in a two-family house.
If you make arrangements with PSEG to pay your landlord's current bill or open a new account in your name, the utility should not shut off utilities because the landlord failed to pay.
A way to avoid shut off could be to pay current utility bills directly and subtract those utility payments from rent payments. Please consult with an attorney before you decide to do this.
5. Can my utilities be shut off if I have a medical condition?
There are special safeguards for people who have certain medical conditions or are facing a health emergency.
You are still responsible for paying your bill. You can make a payment arrangement with your utility company.
Your doctor or the local Board of Health must notify your utility company via a “doctor’s certificate” that you have a “medical emergency” which will get worse if your utility is shut off and if approved then the utility company will keep your service on for 30 days. During a period of medical emergency, you must make a reasonable effort to make utility payments and work with PSC for a payment arrangement.
6. What can I do if I can’t pay my bill?
If you can't pay your bill, you can call your utility company to make a payment plan that will stop them from shutting off your service.
The utility company is required by law to offer a “fair and equitable” deferred payment agreement (“DPA”) based on your financial situation. Under a DPA, you agree to pay current bills plus the DPA installment amount to pay back what you owe over time.
When you call your utility company, describe that you are having difficulty paying your bill and ask for the financial hardship questionnaire. Once you complete this financial questionnaire, you will be considered for the lowest down payment (as little as $0) and monthly arrears payment (as low as $10).
If you cannot afford the DPA offered to you, you do not have to sign it. You can appeal to PSEG by calling 800-490-0025 and then to the Public Service Commission (“PSC”) to ask for a “fair and equitable” plan.
If you file an appeal, the utility cannot shut off your service until the complaint is resolved.
If after signing a DPA, your financial situation changes, call PSEG to let them know. You can ask for an updated payment arrangement.
If you fail to pay as you agreed on your DPA, you will face another shutoff. Read more about DPA and your rights in this FAQ resource from the Utility Project
7. Can I get public assistance to help pay my bill?
If you have received a Termination Notice, you or someone who you have chosen to represent you can take the shut off notice to the Department of Social Services (“DSS”) for help. If your service is scheduled to be shut off within the next few days (72 hours), tell DSS.
If you have an open DSS case which gives you financial assistance and/or rent payments, you can ask your DSS worker to stop the shutoff and guarantee future utility payments. To do this you will have to sign a form asking DSS to “restrict your utility allowance.”
This means DSS will pay and guarantee your future utility bills for you, but you will get less in your biweekly public assistance payments. This is usually the quickest solution.
If you are not on public assistance and need assistance now, you can still apply to the DSS for assistance. Going to the DSS office in person will be the fastest way to get help. Bring your shut off notice and apply for emergency assistance.
If you qualify for HEAP (a federally-funded program that helps qualifying New Yorkers heat and cool their homes), no repayment agreement is required. All other emergency grants require a repayment agreement.
- Click here for Nassau county HEAP contact information
- Click here for Suffolk county HEAP contact information
You can read more about applying for HEAP on NY.gov.
8. What if I have an emergency? Where can I get help?
For utility, food and housing emergencies, visit your local DSS office in Nassau or Suffolk. After 4:00 p.m., the emergency number for Nassau is 516-573-8626. After 4:00 p.m. the emergency number for Suffolk is 631-854-9100.
9. I need more information.
If your question was not answered in this resource, find more answers in the Utility Project FAQ.
If you need to reach the Public Service Commission, visit the New York Department of Public Service website or call the PSC hotline. The PSC hotline number is 1-800-342-3355 on weekdays and is open from 7:30 a.m. to 7:30 p.m. If you have hearing or speech impairment, you can contact the DPS through the NYS Relay Service by dialing 711.
If you have difficulty getting your utility problem addressed, call Nassau Suffolk Law Services at 516-292-8100 or 631-232-2400 to see if you are eligible for free legal services.
Last Reviewed: October 28, 2024