New York regulations

Title 9 Part 7870

Executive Department

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8 sections1 source-only entry

Compiled text through May 15, 2022 - Jun 30, 2022 across sectionsRegister checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

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

9 NYCRR 7870.1 - 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.
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Jun 6, 2026

9 NYCRR 7870.2 - Distributor records

Compiled text through May 15, 2022

Register checked through Jul 29, 2026

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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 before November first, yearly, and for new customers at the time an account is established, all distributors shall contact their customers in any convenient manner and ask whether the customer wishes to designate a relative or other person, or a social services agency, to receive notification of a cutoff, in addition to any notification provided to the customer.
(b)Every distributor shall maintain records of the information provided by customers under this requirement.

9 NYCRR 7870.3 - Notice

Compiled text through Jun 30, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jun 30, 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
Jul 8, 2026

During the period beginning on November 1st of each year and ending on April 15th of the following year, every distributor shall comply with the notification requirements of sections 7870.4 through 7870.8 of this Part, in connection with any cutoff.

9 NYCRR 7870.4 - Written notice to customer

Compiled text through Jun 30, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jun 30, 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
Jul 8, 2026
(a)No distributor shall impose a suspension or termination of regularly scheduled deliveries, as defined in section 7870.1(n) of this Part, unless such distributor provides the customer with written notice containing the information required by subdivision (b) of this section not less than three calendar days prior to the date of suspension or termination is to take effect.
(b)The written notice shall:
(1)notify the customer of the cutoff and the reason for it; and
(2)inform the customer that assistance may be available from a social services district office, and provide the name, address and telephone number of the designated social services district office listed in Appendix BB-6 of this Title for the municipality or county in which the residential building involved is located.

9 NYCRR 7870.5 - Telephone notice to customer

Compiled text through Jun 30, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jun 30, 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
Jul 8, 2026
(a)In connection with any refusal to make a requested delivery, as defined in section 7870.1 (j) of this Part, the distributor involved shall notify the customer of such refusal when the customer contacts the distributor to request delivery.
(b)In connection with any suspension or termination of regularly scheduled deliveries, as defined in section 7870.1(n) of this Part, the distributor shall make at least three attempts to notify the customer of such suspension or termination by telephone at the time the decision to suspend or terminate deliveries is reached, which shall not be less than three calendar days prior to the date the suspension or termination is to take effect. If these attempts are unsuccessful, the distributor shall notify a designated person, if any, and the appropriate social services district office as required by sections 7870.6 and 7870.7 of this Part.
(c)In connection with telephone notifications required by subdivision (a) or (b) of this section, the distributor shall:
(1)notify the customer of the cutoff and the reason for it;
(2)ask whether the residential building affected is out of fuel, and if it is not, ask when the customer expects to need additional supplies of heating fuel;
(3)inform the customer that the distributor is required to inform any person designated by the customer, and a social services district office, if the customer is unable to obtain fuel from another source or is unable to secure adequate alternative shelter, or if the affected building is a multiple dwelling;
(4)ask whether the customer is unable to protect himself or herself, and all other inhabitants of the residential building for which the customer is purchasing fuel, from danger to health or safety caused by a cutoff, by obtaining heating fuel from another source or by securing adequate alternative shelter;
(5)ask whether the building for which the customer buys fuel is a one- or two-family house, or a multiple dwelling;
(6)inform the customer that assistance may be available from a local social services district office, and provide the name, address and telephone number of the designated social services district office listed in Appendix BB-6 of this Title and the designated emergency agency listed in Appendix BB-7 for the municipality or county in which the residential building affected is located; and
(7)ask whether the customer wishes to designate a relative or other person to be notified of the cutoff.

9 NYCRR 7870.6 - Notice to designated person

Compiled text through Jun 30, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jun 30, 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
Jul 8, 2026
(a)Every distributor shall notify a designated person of a cutoff if the customer has requested that such notice be given.
(b)Every distributor shall attempt to call the designated person by telephone on the same date the distributor attempts to provide telephone notice to the customer. If the first attempt is unsuccessful, the distributor shall make at least one additional attempt.
(c)If the designated person is contacted, the distributor shall inform the designated person of the name and address of the customer involved, and provide the designated person with the same telephone notification the customer would receive.

9 NYCRR 7870.7 - Notice to social services district office

Compiled text through Jun 30, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jun 30, 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
Jul 8, 2026
(a)Every distributor shall notify the designated social services district office listed in Appendix BB-6 of this Title, for the municipality or county in which the residential building is located, of a cutoff in the following circumstances:
(1)if the distributor's records, or contact with the customer or designated person, show that a refusal, suspension or termination of deliveries involves a severe or hazardous health situation, as defined in section 7870.1(l) of this Part;
(2)if the distributor's attempts to notify the customer by telephone have been unsuccessful; or
(3)if the residential building affected is a multiple dwelling, as defined in section 7870.1(i) of this Part.
(b)Under the circumstances specified in subdivision (a) of this section, every distributor shall notify the social services district office by the following methods and at the following times.
(1)if an emergency as defined in section 7870.1(f) of this Part, is involved, the distributor shall attempt to notify the district office by telephone immediately. If two attempts are unsuccessful, the distributor shall contact the appropriate emergency agency as required by section 7870.8 of this Part.
(2)In all other cases, the distributor shall notify the district office by telephone or daily messenger on the same day the distributor attempts to provide telephone notice to the customer.
(c)When the district office is contacted, the distributor shall:
(1)notify the district office of the name and telephone number of the customer and of any designated person involved, the address of the building affected, whether the building affected is a one- or two-family house or a multiple dwelling, the reason for the refusal, suspension or termination, and the type of fuel involved;
(2)notify the district office whether contact with the customer or designated person to provide notification shows that a severe or hazardous health situation as defined in section 7870.1(l) of this Part is involved; and
(3)notify the district office of the date on which the customer is expected to require an additional supply of heating fuel, or, if an emergency is involved, of the fact that the building affected is currently without fuel or is anticipated to be without fuel within 48 hours.

9 NYCRR 7870.8 - Notice to emergency agency

Compiled text through Jun 30, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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Dates and status
Compiling agency
Executive Department
Text status
Source receipt
Compiled text through
Jun 30, 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
Jul 8, 2026
(a)Every distributor shall immediately notify by telephone the designated emergency agency listed in Appendix BB-7 of this Title for the municipality or county in which the residential building affected is located, if notification to a social services district office is required under section 7870.7 (a) of this Part, and two attempts to contact the social services district office are unsuccessful. If initial attempts are unsuccessful, every distributor shall continue to call until the emergency agency is contacted.
(b)When the emergency agency is contacted, the distributor shall provide the emergency agency with the same notification the social services district office would receive.

9 NYCRR 7870.9 - Role of social services district offices and emergency agencies

Compiled text through May 15, 2022

Register checked through Jul 29, 2026

No later Register activity identified in this check.

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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)Social services district offices shall investigate the circumstances of those customers with respect to which they have received a notice of cutoff of heating fuel deliveries, as directed by the New York State Department of Social Services. Based on such investigation, social services district offices shall take whatever actions are appropriate and necessary, as directed by the New York State Department of Social Services, to provide any financial assistance for which customers may be eligible, and to provide or arrange for the provision of such other forms of assistance or social services as may be available from the district or from other government agencies.
(b)Emergency agencies shall:
(1)pursuant to their powers and duties under law, take any reasonable action as if immediately necessary on a temporary basis to prevent loss of life or serious danger to public health; and
(2)notify the appropriate social services district offices by telephone on the next business day after a notification is received, and provide the information the emergency agency received and a brief description of any temporary action taken to prevent loss of life or serious danger to public health.

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