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Note: Shut offs have been stopped through March 31, 2020. Learn more on our Housing and Covid-19 blog.
Don’t wait until you are shut off to take action. Once you’ve been disconnected, the utility is not required to offer any payment plans. In fact, the utility has the right to demand payment in full, fees and a deposit.
There are certain cases when a utility company cannot shut off your service. In these situations, if they disconnect a service, they must restore it. These situations are:
- You make a deferred payment arrangement (DPA) with the utility. A DPA is where you make a down payment on the amount you owe. Then you pay the rest over a period of up to 12 months. You may renegotiate the terms of the DPA at one time. To do this, you must not be in default. and You also must have paid the down payment.
- DPA general rule: The utility must offer you a DPA. This is only if you have not defaulted on a DPA in the past 12 months. You must pay 25% of the past due amount and agree to pay the balance off. You must be given at least 4 to 12 months to pay off the balance.
- DPA low-income customer rule: This rule applies only to low-income customers. A low-income customer is someone who is eligible for LIHEAP. The down payment cannot be more than 20% of the past due amount. Low-income customers must be given at least 6 to 12 months to pay the balance. The utility company may agree to a period longer than 12 months. The utility must offer an amended DPA to a low-income customer in default. The customer must have made at least two consecutive full payments. They cannot have been in default for more than 90 days. You may reinstate a defaulted DPA before disconnection. To do this, you must pay the DPA amount due up to the current date. You must also pay the amount due under current bills. The utility company may not charge you a reinstatement fee as a low-income customer.
- You present a valid medical certificate. A medical certificate keeps your service from being shut off for 60 days. It also triggers a medical payment arrangement.
- After business hours. Utility companies cannot shut off services after business hours. If they do, they must be able to reconnect the same day. Business hours are after 4:00 PM Monday through Thursday. Business hours are after 12:00 PM on Friday and anytime on a holiday.
- Where you dispute a bill, as long as the dispute is still pending. You must pay the undisputed portion.
- If it’s between December 1 and March 31 and you are a service member who has just been assigned to duty.
- Cold Weather Forecast. Utility companies cannot shut off services on any day with a cold weather forecast. A cold weather forecast is when the temperature will be 32° or lower for the next 24 hours. The forecast must be a National Weather Service prediction. The utility cannot shut off service where gas or electricity is needed to operate a heating system. This also applies on the day before any weekend or holiday with a cold weather forecast. This forecast only needs to predict the temperature will be 32° or lower at any time.
- Hot Weather Forecast. Utility companies cannot shut off services on any day with a hot weather forecast. A hot weather forecast is when the temperature will be 95° or above for the next 24 hours. The forecast must be a National Weather Service prediction. The utility cannot shut off service where gas or electricity is needed to operate a cooling system. This also applies on the day before any weekend or holiday with a hot weather forecast. This forecast only needs to predict the temperature will be 95° or above at any time.
- Starting January 1, 2024, a hot weather forecast will include temperatures 90° and above. Utility companies will also not be able to shut off service when the National Weather Service issues an excessive heat watch, heat advisory, or excessive heat warning in the area.
- During the heating season special rules apply.
- From Dec. 1 - March 31, if you are a service member or a veteran, and have told the public utility this.
Termination of utility service is illegal if the utility does not follow the shut-off rules.
Preventing shutoff or restoring utility service due to illness
A utility company cannot shut off your service if you give them a valid medical certificate. The certificate must say that shut off would make a severe existing illness worse for someone who lives in the house. They cannot shut off your service for up to 60 days.
The medical certificate form must be written by a registered physician. It can also be written by a local board of health. The certification must be in writing and state:
- The name and service address of the ill person;
- That the person is a resident of the household;
- The name, address, and telephone number of the physician; and
- That the disconnection of utility service will aggravate an existing medical emergency. Or, that disconnection will create a medical emergency for the patient.
Certification may be done by telephone. If done by telephone, you must also give the utility company a written medical certification. The written certificate must be given within 7 days. You can send the certification by fax, mail, or e-mail. Service must be restored within 14 days if you have a written medical certification.
A medical certificate keeps your service from being shut off for 60 days from the date of the certification. If you were shut off before certification, the 60 days starts when your service is reconnected.
A medical payment arrangement automatically starts 30 days after the certification date. You must pay the amount due under the payment arrangement and continue to pay your current bill.
If you make a medical payment arrangement before your service is shut off, you must follow this payment plan:
- The first payment must be for 1/12 of the total amount owed; and
- The balance should be paid in 11 equal installments with future bills.
If you make a medical payment arrangement after your service is shut off, you must follow this plan:
- The first payment shall be for 1/4 of the total amount owed; and
- The balance paid in 9 equal installments on future bills.
You can only get one medical certificate every 12 months unless you pay off the total account balance. After 12 months, you may get a new medical certificate and medical payment arrangement.
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