New York regulations
Title 9 Part 7835
Executive Department
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9 NYCRR 7835.1 - Scope and intent
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(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
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source-only entry
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
9 NYCRR 7835.3 - Responsibilities of sellers
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(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
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(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;
(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.
(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
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(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
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- May 15, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(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.