National Consumer Law Center MCLE Tenants’ Rights Training: Utility Protections and Terminations February 6, 2018 Jenifer Bosco National Consumer Law Center jbosco@nclc.org (617) 542-8010

Introduction and overview Termination rules and process Protections for electricity & gas customers Step 1: Preventing termination Step 2: Reducing utility bills Step 3: Paying bills Landlord fails to pay for utilities See Chapter 6 of legal Tactics

Termination Rules Termination process Only Monday-Thursday, 8-4; no Saturdays, Sundays, holidays, or day before holiday No termination if dispute pending Required notices: Initial bill Second notice (day 27+) Final notice (day 45+) Final notice must give 72 hours notice; effective for 14 days

Question Can a utility company shut off a customer’s electricity or gas for nonpayment during the winter? Never Sometimes Always

STEP #1: PROTECTIONS Serious illness Is someone seriously ill? Ask about any illness. Any letter from doctor, physician’s assistant or nurse practitioner is enough to protect service or get service restored. Company may challenge a letter it questions. Letters good 90 days (can be renewed) or 180 days (chronic) Financial hardship required.

STEP #1: PROTECTIONS Winter Moratorium Is the date between November 15 and March 15? Winter moratorium on terminating heat-related service, Nov. 15 to March 15 often extended to April (this year, extended through April 1, 2018) Must demonstrate financial hardship.

STEP #1: PROTECTIONS Infant under 12 months Is there a child under 12 months old in the home? Can household demonstrate a financial hardship? Protection is time-limited. Documentation required.

STEP #1: PROTECTIONS Financial hardship forms: Samples in Utilities Advocacy for Low-Income Households in Massachusetts (available at nclc.org) Utility companies have newst financial hardship forms available Need to be renewed every three months

STEP #1: PROTECTIONS Elder protections Are all adults 65 or over? (Minor = under the age of 18) Notify the company. No terminations allowed without approval of Department of Public Utilities. No financial hardship required. No termination at all if low-income. Utility companies must provide third-party notice, on request.

STEP #1: PROTECTIONS Elderly homeowners Utility companies may attempt to place liens on homeowner’s property Homestead exemption may protect homeowner

STEP #2: REDUCING BILLS Discount rates (regulated electric & gas): Can save 20% to 30% on bills. Must apply or via fuel assistance or auto enrollment. Receipt of fuel assistance, public or subsidized housing, SNAP (food stamps), SSI, veterans benefits, MassHealth, etc. may qualify.

STEP #2: REDUCING BILLS Discount rates (regulated electric & gas): Retroactive discounts may be available, contact National Consumer Law Center energy unit for assistance

STEP #2: REDUCING BILLS Payment plans All utility companies must offer payment plans (pre-termination), of at least four months. Post-termination payment plans: less defined. “Cromwell” waivers Work with clients to develop affordable payment plan

STEP #2: REDUCING BILLS Arrearage management programs All regulated electric and gas companies must offer to all low-income customers in arrears, customer can also contact utility to ask for arrearage management program. Customer makes equal payments/like a budget plan. Arrearage credits applied monthly.

STEP #3: PAYING BILLS Budget plans or Continuous Level Billing All regulated electric and gas utility companies must offer budget plans. Can be helpful in avoiding huge bills. May still lead to “catch up” bills.

STEP #3: PAYING BILLS LIHEAP/Fuel Assistance Apply through local Community Action agency, see Legal Tactics at pages 799-803 for a list Weatherization Assistance Program (WAP) or heating system replacement assistance (HEARTWAP)

STEP #3: PAYING BILLS Residential Assistance for Families in Transition (RAFT) Apply at nonprofit Housing Agency, see Legal Tactics at page 798 for a list Local resources (Interfaith Social Services, Salvation Army, etc.) Government agencies in certain situations (e.g., Federal Emergency Management Agency, Department of Children and Families)

Landlord fails to pay for utilities If landlord is responsible for electricity and gas service, the utility company must provide at least 30 days notice before shutting off service for the tenants Tenants should contact the Department of Public Utilities, and also seek legal help Tenants can agree to pay a “projected bill” and deduct amount paid from rent Tenants cannot be required to pay the landlord’s previous bills

Resolving disputes Always call the utility company first Gather bills and information Contact Department of Public Utilities (DPU) Consumer Division if not satisfied (877) 866-5066 DPUConsumer.Complaints@state.ma.us

Thanks! Contact: Jenifer Bosco, Staff Attorney National Consumer Law Center 617-542-8010 jbosco@nclc.org www.nclc.org