Bill Text: NJ A2109 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes notice requirements for utility service shut-off and provides for appointment of receiver in place of tenant organization for utility service payments in senior living facilities.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Housing and Local Government Committee [A2109 Detail]
Download: New_Jersey-2010-A2109-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
Assemblyman JACK CONNERS
District 7 (Burlington and Camden)
SYNOPSIS
Establishes notice requirements for utility service shut-off and provides for appointment of receiver in place of tenant organization for utility service payments in senior living facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning notification of utility service shut-offs and tenants' rights, amending and supplementing P.L.2000, c.113.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in this act and P.L.2000, c.113 (C.2A:18-61.60 et seq.):
"Customer of record" means the person that applies for utility service and is identified in the account records of a public utility as the person responsible for the payment of the public utility bill. A customer shall not be an end user.
"End user" means a person who receives, uses, or consumes utility service. An end user shall not be a customer of record.
"Public utility" or "utility" means a public utility, as that term is defined in R.S.48:2-13.
"Independent living center for seniors" means a multiple dwelling as that term is defined pursuant to section 3 of P.L.1967, c.76 (C.55:13A-3) in which occupancy is restricted to persons aged 62 or older.
"Utility service" or "service" means electric, gas, water, or sewer service provided by a public utility.
2. (New section) a. Whenever payment for utility service to a public utility has not been made and is more than 60 days delinquent, the public utility shall make every reasonable attempt to determine when a landlord-tenant relationship exists at the premises being serviced. If such a relationship is known to exist, and if the tenants are not the customers of record but are end-users, and if the utility service is being provided to an independent living center for seniors, the public utility shall give written notice concerning the amount of the delinquency and the utility service period to:
(1) the appropriate county department of human services;
(2) the Department of Community Affairs;
(3) the housing code enforcement officer of the municipality in which the center is located; and
(4) the owner of the rental premises by certified mail, which notice shall include the following statement:
"This notice is being provided to you pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) because you are the customer of record of independent living senior rental housing. Unless immediate steps are taken to begin payment of utility service, a receiver of service payments may be appointed by the court, or the tenants may exercise their rights to pay utility service in the manner provided under P.L.2000, c.113."
b. The municipal housing code enforcement officer who receives a notice pursuant to subsection a. of this section shall investigate the conditions at the facility referenced in the notice. If it appears that there is a reasonable certainty that the tenants will be at risk of utility service being discontinued by the public utility unless immediate steps are taken to begin payment of utility service, the municipal housing code enforcement officer shall attempt to facilitate the formation of an organization among the residents of such facility that will be willing to be responsible for utility service payments in accordance with sections 1 and 2 of P.L.2000, c.113 (C.2A:18-61.60 and C.2A:18-61.61). If it does not appear that the immediate formation of such an organization is feasible, the municipal housing code enforcement officer may apply to the municipal court to be considered a receiver of utility service payments in the stead of a tenant organization, pursuant to section 1 of P.L.2000, c.113 (C.2A:18-61.60). Alternately, the application of appointment for receiver in the stead of a tenant organization may be made by the county department of human services or the Department of Community Affairs, in consultation with the municipal housing code enforcement officer.
c. A municipal court may appoint a receiver of utility service payments in the stead of a tenant organization in accordance with this section. The duration of the receivership shall be for such a period as deemed necessary in the discretion of the court, but shall terminate upon the signing of an agreement with the public utility by a responsible party or parties pursuant to sections 1 and 2 of P.L.2000, c.113 (C.2A:18-61.60 and C.2A:18-61.61).
3. (New section) a. A public utility shall make every reasonable attempt to determine when a landlord-tenant relationship exists at every premises being serviced. If such a relationship is known to exist, and if the tenants are not the customers of record but are end-users, the discontinuance of utility service is prohibited unless the utility has, notwithstanding any prohibition on the discontinuance of electric or gas utility service to certain residential customers from the period of November 15 through March 15 as provided by law, (1) given a 30-day written notice to the owner of the premises or to the customer of record to whom the last preceding bill was rendered and (2) complied with the notice requirements of subsection b. of this section.
b. Public utilities shall use their best efforts to determine the names and addresses of each tenant, in order to provide such notice, for example, through mailings to landlords requesting a list of tenants. The utility shall use its best efforts to provide copies of the discontinuance notice to all tenants. In addition, the utility shall provide each tenant with a 30-day written notice which shall be hand-delivered, mailed, or posted in a conspicuous area of the premises and in the common areas of multiple family premises.
c. If a public utility uses posting as the method of notice, each utility shall use its best efforts to also place a copy of the notice on each tenant's car windshield or under the door of each tenant's dwelling. In the case of tenants of single and two-family dwellings, each tenant shall also be provided with a 30-day individual notice. Each utility shall offer the tenant continued service to be billed to the tenant, unless the utility demonstrates that such billing is not feasible. The continuation of service to a tenant shall not be conditioned upon payment by the tenant of any outstanding service bills due upon the account of any other person. The utility shall not be held to the requirements of this provision if the existence of a landlord-tenant relationship could not be reasonably ascertained.
d. When a landlord-tenant relationship is known to exist, an electric or gas public utility, at the landlord's request, shall send written notice to the landlord that a tenant's electric or gas service is being voluntarily or involuntarily discontinued.
e. When a landlord-tenant relationship is known to exist, an electric or gas public utility, at the landlord's request, shall place the electric or gas service in the landlord's name if the tenant's electric or gas service is being voluntarily or involuntarily discontinued.
4. Section 1 of P.L.2000, c. 113 (C.2A:18-61.60) is amended to read as follows:
1. a. Whenever an electric, gas, water, or sewer public utility has provided written notice to tenants residing in rental premises of a proposed discontinuance of utility service and the tenants so notified have indicated a desire to continue service, but the utility has determined that it would not be feasible to bill each tenant individually for the service, the utility shall permit a tenants' organization representing each tenant of the rental premises to accept billing for the utility including the periodic billing for current charges, and a statement of any arrearage which is unpaid by the landlord for service previously supplied by the utility, and shall continue providing the service to the premises provided that payment is received.
b. Whenever a receiver of utility service payments in the stead of a tenants' organization is appointed pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), the public utility shall periodically meet with the tenants of the subject rental property in order to determine whether it is feasible for the tenants to form an organization, or to join with another tenants' organization, in order to continue to pay the utility service payments, in lieu of the receiver making such payments.
(cf: P.L.2000, c.113, s.1)
5. Section 2 of P.L.2000, c.113 (C.2A:18-61.61) is amended to read as follows:
2. Whenever a tenants' organization agrees to accept billing for a utility service, or whenever a receiver appointed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) is acting in the stead of a tenants' organization and paying such billing, the tenants comprising the membership of the organization accepting and paying such billing shall be permitted to deduct from each of their respective rental payments to the landlord of the premises an amount corresponding to the tenant's contribution towards the currently due utility service payment and the arrearage, if any, owed by the landlord, provided that any contribution by a tenant to the arrearage shall not exceed 15 percent of the tenant's rental payment which would have been payable to the landlord, but for the contribution.
(cf: P.L.2000, c.113, s.2)
6. This act shall take effect on the 90th day after enactment, but the Commissioner of Community Affairs may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act.
STATEMENT
This bill establishes notice procedures which must be followed prior to a shut off of utility service by an electric, gas, water, or sewer public utility to independent living centers and other multiple dwellings. This procedure currently exists in Board of Public Utility regulations (N.J.A.C.14:3-3A.6), but not in statute. The bill extends the notice to 30 days, from the current 15 days. Current law permits tenants' organizations to pay utility service bills of a landlord to prevent shut-off of services. The bill would provide special protection for tenants in independent living facilities, which is defined as multiple dwellings reserved for occupancy by individuals age 62 or older, in the event that a tenants' organization is not formed for the purpose of continuing utility service. Seniors living in these facilities would be permitted to pay their utility service bills to a municipal, county, or State receiver, in order to avoid a shut off of the utility service, once a utility service bill of the rental premises is more than 60 days in arrears, and proper notices have been sent as provided under the bill. The balance of the rent due under the lease would then be payable to the landlord as provided under current law, P.L.2000, c.113 (C.2A:18-61.60 et seq.).
