Can my utilities be shut off?

If you are having trouble paying your utility bills, your utility company must follow the rules before shutting off your gas or electric. 

In many cases, you still have options to avoid a shut-off. You may be able to set up a payment plan, delay the shut-off, or get emergency help from government assistance programs. Understanding the rules can help you protect your service and buy time to find a solution.

When can my utilities be shut off?

Your utilities can only be shut off after a specific process:

1. First, you have to be at least 20 days late on your bill before the company can even send a Termination Notice.
2. Once you receive that notice, you have 15 days to pay what you owe or set up a payment plan. If you pay or set up a payment plan, your utilities cannot be shut off.

Hours when shut-offs can happen:

• Your utility company can shut off your service only between 8:00 a.m. and 4:00 p.m. from Monday through Thursday.
• Your utility company can never shut off your service on a Friday, Saturday, or Sunday.

Days when shut-offs cannot happen:

• Public holidays
• The day before a holiday
• The two-week period which includes Christmas and New Year's Day
• Any day before your utility business office is closed

Special weather protections

Different utility companies have different rules based on weather. This means the utility company cannot shut off service on really hot or really cold days.

Check with your utility company for their specific weather policies.

When is the utility not allowed to shut off service?

Your service cannot be shut off if:

• You didn’t get a Termination Notice, or fewer than 15 days have passed since you did
• You've submitted a doctor's letter confirming a medical emergency in your household that would worsen without service
• You're formally disputing the bill with your utility company or the PSC
• You pay in full when the shutoff crew arrives
• You reach a payment agreement before shutoff happens
• The debt is more than a year old and the utility never started termination procedures through no fault of yours

What if I am on public assistance?

If you have an open DSS case that gives you financial assistance and/or rent payments, you can ask your DSS worker to stop the shut-off and guarantee future utility payments. This means DSS will pay and guarantee your future utility bills for you, but you will get less in your public assistance payments. To do this you will have to sign a form asking DSS to "restrict your utility allowance." This is usually the quickest solution.

If you are not on public assistance and need help now, you can still apply to the DSS for help. Going to your local DSS office in person is fastest. Bring your shut-off notice and apply for emergency assistance.

My landlord pays the bill. Can my utilities be shut off if they don't pay?

Yes, if your landlord pays the utilities bill, the utilities can be shut off if your landlord stops paying. However, you must be notified first and given a chance to prevent the shut-off.

What the utility company must do:

If you live in an apartment building:

• Give written notice to the building owner at least 15 days before shut-off (or 30 days for heat-related service between November 1 and April 15)
• Post the notice where everyone in the building can see it at least 18 days before shut-off (or 30 days for heat-related service between November 1 and April 15)
• Mail you a separate notice at least 18 days before shut-off (or 30 days for heat-related service between November 1 and April 15)

If you live in a two-family house:

• Mail or give you a separate notice at least 15 days before shut-off (or 30 days for heat-related service between November 1 and April 15)

If you live in a single family house:

• You may not get advance notice like tenants in apartment buildings or two-family houses do. The utility company only has to notify your landlord.
• If you find out the utilities might be shut off, you can pay the bill directly to the utility company to prevent shut-off

What you can do:

You have two options, neither of them great:

1. Work with the utility company directly: either agree to pay your landlord's current bill yourself, or open a new account in your name. If you do this, they cannot shut off service even if your landlord never pays.
2. Pay the bills yourself and deduct them from rent: but talk to a lawyer before going this route, because it's legally complicated.

Either way, you may end up covering a bill that was never yours to begin with. Keep every receipt.

What if I have a medical condition?

There are special protections for people who have certain medical conditions or a health emergency.

Get a doctor or the local Board of Health to give the utility company  a "doctor's certificate." It must say you have a "medical emergency" which will get worse if your utility is shut off.

If approved:

• The utility company will keep your service on for 30 days
• During this period, you must try to make utility payments
• You can ask the Public Service Commission (PSC) for a payment arrangement

Important: You are still responsible for paying your bill. You can make a payment arrangement with your utility company.

If you need life-support equipment:

If you rely on utility service to operate life-support equipment, your protection from shutoff doesn't expire after 30 days. It stays in effect indefinitely, unless the PSC ends it. 

To keep the protection active, you must show your utility company every three months that you are still unable to pay your bill.

What can I do if I can't pay my bill?

If you can't pay your bill, call your utility company for a payment plan to keep your service.

Deferred Payment Agreement (DPA)

The law requires utility companies to offer you a “fair” agreement based on your financial situation. You agree to pay current bills plus the DPA (Deferred Payment Agreement) amount to pay back what you owe over time. 

• When you call your utility company, say that you are having difficulty paying your bill and ask for the financial hardship questionnaire
• Once you complete this questionnaire, you will be told what plans you qualify for

If they offer you a DPA you can't afford:

• You do not have to sign it
• You can appeal to your utility company and then to the Public Service Commission (PSC) to ask for a "fair and equitable" plan
• Call the PSC at 1-800-342-3377
• If you file an appeal, the utility cannot shut off your service until the complaint is resolved

If your financial situation changes:

If you sign a DPA, and your financial situation changes, call your utility company to let them know. You can ask for an updated payment arrangement.

Warning: If you fail to pay what you agreed on your DPA, you will face another shut-off.

Can I get help to pay my bill?

If you get a Termination Notice, check if you qualify for the Home Energy Assistance Program (HEAP).

What if I have an emergency?

If you have utility, food and housing emergencies, contact your local DSS office. 

For Long Island and New York State:

You can look up your local office and phone numbers on the DSS website. After 4:00 p.m., call your county's DSS emergency number.

For NYC:

• Apply online at the HRA website or call: 718-557-1399 (during business hours)
• For emergencies outside business hours: Contact your local precinct or call 311

Where can I file a complaint?

The Public Service Commission (PSC) is the state agency that oversees utility companies. You can file a complaint if your utility company is not following the rules.

• PSC Hotline: 1-800-342-3355 (weekdays, 7:30 a.m. to 7:30 p.m.)
• File a complaint online: DPS Complaint Form

For hearing or speech impairment: Contact DPS through the NYS Relay Service by dialing 711