9 NYCRR Part 7835 - Executive Department

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Source versions current through May 15, 2022 - Oct 31, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 7835.1 - Scope and intent

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)The provisions of this Part apply to the disclosure of heating and/or cooling expenses in connection with a residential structure which is offered for sale or rental on or after January 1, 1981, in accordance with article 17 of the Energy Law, the “Truth in Heating” act.

(b)The intent of this Part is to encourage sellers and lessors of residential structures whose tenants pay directly for heating and/or cooling expenses to make their premises more energy-efficient, and to provide historical heating and/or cooling expense information to prospective purchasers and lessees so that they may more accurately calculate or estimate future energy costs and the need for energy conservation measures prior to purchase or lease of such residences.

9 NYCRR 7835.2 - Definitions

Source version current through Oct 31, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Oct 31, 2022

For the purposes of this Part, the terms hereinafter listed shall have the following meanings, unless the context clearly indicates otherwise:

(a)Fuel shall mean any grade of oil, coal, propane, bottled gas, or other fossil fuel.

(b)Heating and/or cooling bills shall mean all bills rendered by a retail vendor for energy used for space heating and/or air conditioning in a residential structure, including any bills where the cost of energy used for space heating and/or air conditioning is not differentiated from the costs of energy used for any other purpose.

(c)Lessor shall mean any person who offers any residential structure for lease, sublease or assignment to the general public.

(d)Life of the structure shall mean the period of time, beginning on the first day that utility services were provided to the residential structure for initial occupancy, to the time that a prospective purchaser or lessee requests the heating and/or cooling bills.

(e)Person shall mean any individual, trustee, agency, partnership, association, corporation, company or other legal entity. This term shall not include any municipality, political subdivision or agency thereof, or any legal entity who or which is offering a residential structure for sale or lease pursuant to an order of a court of competent jurisdiction.

(f)Prospective lessee shall mean any person who inquires about renting a residential structure which has been offered for lease, sublease or assignment to the general public.

(g)Prospective purchaser shall mean any person who inquires about purchasing a residential structure which has been offered for sale to the general public.

(h)Retail vendor shall mean any person in the business of selling fuel or utility services directly to the owner or occupant of a residential structure.

(i)Residential structure shall mean a one- or two-family dwelling or a single unit of a multiple dwelling, including an individual condominium unit or cooperative unit, which is offered for sale or rental on or after January 1, 1981, by any person; provided, however, that any such dwelling or unit shall not be considered a residential structure if the dwelling has never been occupied; and provided further, that a single unit of a multiple dwelling shall not be considered a residential structure if the owner or lessee thereof is not responsible for the direct payment of both heating and cooling bills.

(j)Seller shall mean any person who offers a residential structure for sale to the general public.

(k)Utility services shall mean the delivery of electricity, natural gas or steam.

9 NYCRR 7835.3 - Responsibilities of sellers

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)On or after January 1, 1981, the seller of a residential structure shall, within 15 days of receipt of a written request from a prospective purchaser, furnish such purchaser with a complete set of heating and/or cooling bills, or a summary thereof, for the life of the structure or for the preceding two years, whichever is shorter; provided, however, that cooling bills, or a summary thereof, shall be furnished only where the cooling equipment will remain with the residential structure.

(b)A seller shall not be obligated to provide the information required by this Part to a prospective purchaser:

(1)where the request is made after the signing of a purchase contract; or

(2)if, during such 15-day period, the seller signs a purchase contract with another person.

(c)A seller who lacks all or part of such heating and/or cooling bills shall request the retail vendor of fuel or utility services to provide such seller with a complete set of heating and/or cooling bills, or a summary thereof. Such request may be written or oral if made by the person with whom the retail vendor has the account for which the information is being requested. Where the request is made by a person for an account other than his own, such request shall be in writing, unless otherwise authorized by the retail vendor.

(d)Where a seller is unable to furnish a prospective purchaser with a complete set of heating and/or cooling bills, or a summary thereof, he shall nevertheless provide the prospective purchaser with whatever records he has been able to obtain, or a summary thereof, and indicate which periods of time and/or which fuel or utility services are not covered by the incomplete records or summary provided.

(e)The heating and/or cooling bills, or a summary thereof, provided to a prospective purchaser shall contain the following information:

(1)address of the residential structure;

(2)name and address of the retail vendor of fuel and/or utility services;

(3)period of time covered;

(4)type, quantity and cost of all fuel and/or utility services consumed during this period for heating and/or cooling purposes. Where a summary is provided, it shall also contain, in the case of a fuel the current unit cost, and in the case of a utility service the quantity consumed and the total cost for the most recent billing period;

(5)Where the fuel and/or utility services were used for purposes in addition to heating and/or cooling, a statement to that effect;

(6)where additional energy sources, such as solar, wind or wood, contributed to meeting the residential structure's heating and/or cooling needs, a statement to that effect; and

(7)where the residential structure was unoccupied for any period of time, 30 days or longer in length, the approximate dates during which the residential structure was unoccupied.

(f)Where a summary is provided, the seller shall sign the summary and indicate whether the information contained therein is based on information provided by a retail vendor, or on records maintained by the seller. Upon the request of the prospective purchaser, the seller shall make available for inspection the information provided by the retail vendor or the records maintained by the seller.

(g)No charge or fee shall be imposed on any prospective purchaser by a seller for furnishing heating and/or cooling bills, or a summary thereof, pursuant to the provisions of this Part.

9 NYCRR 7835.4 - Responsibilities of lessors

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)On or after January 1, 1981, the lessor of a residential structure shall, immediately upon receipt of a written or oral request from a prospective lessee, furnish such lessee with a complete set of heating and/or cooling bills, or a summary thereof, for the life of the structure or for the preceding two years, whichever is shorter; provided, however, that cooling bills, or a summary thereof, shall be furnished only where the cooling equipment will remain with the residential structure being leased.

(b)A lessor who lacks all or part of such heating and/or cooling bills shall request the retail vendor of fuel or utility services to provide such lessor with a complete set of heating and/or cooling bills, or a summary thereof. Such request shall be in writing, unless otherwise authorized by the retail vendor.

(c)Where the lessor is unable to furnish a prospective lessee with a complete set of heating and/or cooling bills, or a summary thereof, he shall nevertheless provide the prospective lessee with whatever records he has been able to obtain, or a summary thereof, and indicate which periods of time and/or which fuel or utility services are not covered by the incomplete records or summary provided.

(d)The heating and/or cooling bills, or a summary thereof, provided to a prospective lessee shall contain the following information:

(1)address of the residential structure;

(2)name and address of the retail vendor of fuel and/or utility services;

(3)period of time covered;

(5)where the fuel and/or utility services were used for purposes in addition to heating and/or cooling, a statement to that effect;

(6)where additional energy sources, such as solar, wind or wood, contributed to meeting the residential structure's heating and/or cooling needs, a statement to that effect; and

(7)where the residential structure was unoccupied for any period of time, 30 days or longer in length, the approximate dates during which the residential structure was unoccupied.

(e)Where a summary is provided, the lessor shall sign the summary and indicate whether the information contained therein is based on information provided by a retail vendor or on records maintained by the prior lessee. Upon the request of the prospective lessee, the lessor shall make available for inspection the information provided by the retail vendor or maintained by the prior lessee.

(f)No charge or fee shall be imposed on any prospective lessee by a lessor for furnishing heating and/or cooling bills, or a summary thereof, pursuant to the provisions of this Part.

9 NYCRR 7835.5 - Responsibilities of retail vendors

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)Every retail vendor of fuel or utility services used for heating and/or cooling residential structures shall maintain records of the cost and quantity of fuel or utility services delivered to any such structure for at least two years.

(b)Within 10 days after receiving a request from a seller or lessor of a residential structure, or their designated agent, a retail vendor shall furnish such person with a complete set of heating and/or cooling bills, or a summary thereof, for the preceding two-year period, or such shorter period of time during which fuel or utility services were provided to the residential structure. Such a request may be written or oral if made by the person with whom the retail vendor has the account for which the information is being requested. Where the request is made by a person for an account other than his own, such request shall be in writing, unless otherwise authorized by the retail vendor.

(c)The heating and/or cooling bills, or a summary thereof, provided to a seller or lessor, or his designated agent, shall contain the following information:

(1)address of the residential structure;

(2)name and address of the retail vendor of fuel and/or utility services;

(3)period of time covered; and

(4)type, quantity and cost of all fuel and/or utility services consumed during such period. Where a summary is provided, it shall also contain, in the case of a fuel the current unit cost, and in the case of a utility service the quantity consumed and the total cost for the most recent billing period.

(d)Where a retail vendor did not maintain records of the cost and quantity of fuel or utility services provided to a residential structure prior to September 1, 1980, the retail vendor shall indicate in the response to the request for heating and/or cooling bills, any applicable period of time prior to September 1, 1980 for which such records were not maintained.

(e)A retail vendor may charge a fee, not to exceed $5, to any seller or lessor, or his designated agent, for providing heating and/or cooling bills, or a summary thereof, for the residential structure to such person; provided, however, that a retail vendor may require payment of any such fee, prior to the retail vendor's release of the bills or summary, only where the person requesting the information does not have an account with the retail vendor.

9 NYCRR 7835.6 - Penalties

Source version current through May 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: May 15, 2022

(a)The penalty for a violation of this Part by any seller, lessor or retail vendor shall be $100 for each separate and distinct violation.

(b)A seller shall not be in violation of this Part where the seller's failure to timely furnish a complete set of heating and/or cooling bills, or a summary thereof, is due to the failure by a retail vendor to furnish the seller with heating and/or cooling bills, or a summary thereof, and a request was made to the retail vendor within five days of receipt by the seller of a written request for such bills from a prospective purchaser.

(c)A lessor shall not be in violation of this Part where the lessor's failure to timely furnish a complete set of heating and/or cooling bills, or a summary thereof, is due to the failure by a retail vendor to furnish the lessor with heating and/or cooling bills, or a summary thereof, and such request was made to the retail vendor within five days of being notified that the structure is to be vacated.

(d)A seller or lessor shall not be in violation of this Part for the failure to furnish a complete set of heating and/or cooling bills, or a summary thereof, if he has not been the occupant of the residential structure being offered for sale or lease during all or part of the preceding two-year period, or the life of the structure, whichever is less, and he has made reasonable attempts to obtain the heating and/or cooling bills or the name of the retail vendor of fuel or utility services from the occupant of the residential structure, and has been unsuccessful in obtaining such information.

(e)A retail vendor shall not be in violation of this Part for the failure to maintain records of the cost and quantity of fuel or utility services provided to a residential structure prior to September 1, 1980.

(f)The failure of a seller or lessor to furnish the heating and/or cooling bills, or summary thereof, required pursuant to this Part, to a prospective purchaser or lessee shall not affect legal title to or possession of any residential structure or permit any purchaser or lessee of any residential structure to avoid any obligations he may have under any purchase contract or lease.

(g)Any person who shall knowingly provide false or inaccurate information shall be deemed to be in violation of this Part.

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