Can my utilities be shut off?

Yes, sometimes your utilities can be shut off. In general, if you have not paid your utility bill, installment or deposit, your utility company might turn off your service. The utility company has to give you written notice that it plans to shut off your service. Then you have at least 15 days to pay the overdue bill.

When can my utilities be shut off?

If you haven't paid your bill, the utility company can shut off your service, but they have to follow a process. The utility company must:

Send you a "Final Termination Notice." They can send this notice once you are 20 days late.
Wait at least 15 days after sending the notice. This is your chance to pay the overdue bill or make a payment plan with your utility company so your utilities don’t get shut off.
Shut off service only between 8:00 am and 4:00 pm, Monday through Thursday. Your service will remain off until you take steps to get your service back.

When can't my utilities be shut off?

There are times when your utilities can't be shut off, even if you haven't paid. These include:

If the bill is over a year old and it's not your fault the company didn't try to collect earlier
If you have a doctor's note about a medical emergency
If you're in the middle of formally complaining about the bill
If you pay the full bill when they come to shut off service
If you make a payment plan with the company
On holidays, the day before a holiday, or when the utility office is closed
During the two weeks around Christmas and New Year's Day

What if my landlord pays the utilities?

If your landlord is supposed to pay the utilities but doesn't, your service can still be shut off. But the company must tell you first and give you a chance to prevent it. They should:

Post notices in your building at least 18 days before shutoff (for apartment buildings)
Mail you a notice at least 15 days before shutoff (for two-family houses)
Give you at least 30 days' notice if it's about heat between November 1 and April 15

The notice will tell you how to contact the utility company. You might be able to pay the bills yourself and take that amount off your rent. But talk to a lawyer before doing this.

What if I have a medical condition?

If you have a medical condition that would get worse without utilities, you can get special protection:

Get a letter from your doctor or local health department
Send the letter to your utility company (keep a copy)
This will stop a shutoff for 30 days
You can renew this protection for another 30 days if needed

You'll still need to pay your bills, but you can make a payment plan to spread out the cost.

What if I can't pay my bill?

If you can't pay your bill, contact your utility company to make a payment plan. This is called a Deferred Payment Agreement or DPA. With a DPA, you can pay what you owe over time based on your financial situation and your service won’t get shut off.

To get a DPA, ask your utility company for the "Determination of Customer Resources" form. The form has questions about what you can afford. The utility company must give you fair payment terms based on your financial situation. But you have to pay at least $10 a month on what you owe. The utility company can refuse to offer you a DPA if the utility company and the Public Services Commission decide that you can afford to pay.

If your situation changes and you can't keep up with payments, call the company to update your plan.

If you don’t pay as you agreed on your DPA, the utility company can notify you and start another shutoff.

What if I can't afford the payment plan?

If the DPA isn't affordable, don't sign it. Call your utility company to appeal. If that doesn't work, you can appeal to the Department of Public Services.

While appealing, you must keep paying your current utility bill (the part of your bill that isn't in dispute.)

Can I get help paying my bill?

Yes, there are ways to get help:

Take your shutoff notice to the Department of Social Services (DSS) and ask to apply for emergency assistance.
Check if you qualify for the Home Energy Assistance Program (HEAP).

HEAP might help if you:

Get SNAP, Temporary Assistance, or SSI
Have low income
Have young children, seniors, or disabled people in your home

Learn more about applying for HEAP.

What if I have an emergency?

For utility, food, or housing emergencies, go to your local DSS office.

After 4:00pm, call the emergency number:

for Nassau 516-573-8626
for Suffolk 631-854-9100.

Need more help?

Visit the New York Department of Public Service website or call the Public Service Commission at 1-800-342-3355 (open 7:30 am to 7:30 pm).

You can also visit the Public Utility Law Project to learn more.

If you can't fix your utility bill problem, contact Nassau Suffolk Law Services for legal help and to see if you are eligible for free legal services.