Shared Meters
This important message is for residential tenants, owners, or building managers, regarding the New York shared meter regulations.
What is a shared meter?
A shared meter is a utility meter billed under our residential rate that measures gas service used both inside and outside the tenant’s dwelling and that is not under the tenant’s exclusive use and control.
An example of a shared meter is if a tenant’s meter supplying gas to a furnace that heats common areas and/or other dwellings.
Shared Meter Regulations
Section 52 of New York Public Service Law, commonly known as the “Shared Meter Law”, holds owners and building managers responsible for gas registered through a shared meter.
Enacted in October 1991, Section 52 of Public Service Law considers shared meters against public policy with the intent of eliminating all shared meter conditions that may exist in a residential rental building.
The shared meter regulations are enforced by all New York utilities under the direct administration and expression of the New York Public Service Commission.
A Message to Residential Tenants
As a residential customer, you are responsible for the gas service used only in your dwelling and any area or equipment under your exclusive use and control. If you suspect you are being billed on a shared meter, please let us know and we will investigate.
To verify if you are being billed on a shared meter, we will need to complete a field visit at your home. During our visit, we will need access to:
- access to your dwelling (residence)
- access to your meter(s)
- access to other areas of the building, including common areas.
Please be aware that Section 52 of Public Service Law requires us to notify your landlord of our intent to investigate. During the inspection, we may require your landlord and/or other tenants of the property be present and allow access during the field visit.
A written determination will be mailed to you and your landlord once our investigation is complete. If shared metering is found, we will notify you of the condition and provide your landlord with 120 days to correct the situation. If the condition warrants any billing corrections, they will be made once the 120-day period expires or once your landlord corrects the condition, whichever comes first.
If you suspect you are being billed on a shared meter, please contact us at 1-718-643-4050 between the hours of Monday-Friday, 8:00am-8:00pm to begin an investigation.
A Message to Owners and Building Managers
Section 52 of New York Public Service Law makes owners and/or their property managers responsible for the gas registered through a shared meter.
We are required to perform an investigation upon becoming aware that shared metering may exist within your rental property. You are required to cooperate in our investigation by arranging and ensuring full and safe access to your rental property for us to investigate.
Please be aware that if you do not cooperate by allowing us full access to your rental property, we may render a determination that shared metering exists based on your non-cooperation.
A written determination will be mailed to you and your tenant once our investigation is completed. If we find a shared meter condition, we will describe the condition to you and provide you with 120 days to correct the condition. In some situations, we will bill you for the shared meter condition regardless of if corrections are made.
Frequently Asked Questions about Shared Meters for Tenants
No, a non-residential customer cannot have a shared meter investigation. Section 52 of New York Public Service Law pertains to residential tenants only; therefore, non-residential accounts are not under the law’s purview.
No, a shared meter investigation may only be requested by the current active customer of record.
No, once we receive a concern from a residential tenant suspecting they are being billed on a shared meter, we must complete our investigation.
We are obligated to inform your landlord of our intent to investigation in adherence to the shared metering regulations. Additionally, their cooperation will be needed for us to complete our investigation and to make any corrections should conditions be found.
No, not necessarily. If we find you are being billed on a shared meter, we will calculate an estimated amount of monthly shared usage. To warrant any billing corrections and/or credits, the estimated shared monthly usage must be above 5 ccf of gas.
Any billing corrections and/or credits will be applied once your landlord’s 120-day period to correct the condition expires or the shared meter conditions are corrected, whichever happens first.
The shared meter regulations (Section 52 of Public Service Law) require any dispute of the amount of monthly shared usage or investigation findings must be made in writing to the New York Department of Public Service. For more information on the Department of Public Service’s shared meter complaint handling process, please visit www.dps.ny.gov/sharedmeter.
The full version of Section 52 of Public Service Law can be found here: www.nysenate.gov/legislation/laws/PBS/52.
Frequently Asked Questions about Shared Meters for Owners
Section 52 of Public Service Law defines “owner” as any person(s), business, corporation, or entity that is directly or indirectly responsible for the building. Simply put, whoever is considered the “landlord” to the tenant and is the collector or rent is defined as the “owner”.
If you do not cooperate with our investigation by allowing and arranging safe and full access to all parts of your building, we may render a decision that your tenant is being billed on a shared meter in part of your non-cooperation. If such a determination is rendered, it may result in charges being billed to you.
The shared metering regulations hold us as responsible for the investigating of shared meters and the enforcement of the policies. While plumber contractors will be handy in helping you correct shared meter conditions, only we can investigate to determine if shared metering exists and/or is corrected.
If we do not verify you have taken the necessary steps to correct the shared meter condition by the 120th day deadline, we will activate an account in your name for the shared meter. At such time, you will remain responsible for all future usage recorded on the meter until corrections are verified.
If we found your tenant is indeed being billed on a shared meter, we will calculate a monthly shared usage amount. If the shared monthly usage is above 5 ccf of gas, it is considered above-minimal usage.
When above-minimal conditions exist, we must bill you, as the owner, for the apportion of shared usage billed to your tenant for the period in which the condition existed. Additionally, we must bill you a 12-month assessment, which is equivalent to 12 months’ bills recorded on the shared meter.
Both charges will be billed to you regardless of if corrections are made. These charges will be billed either upon the 120-day deadline or the day we confirm corrections, whichever happens first.
Upon becoming owner, you assumed responsibility of the wiring and/or piping within the building, including shared meter conditions. If shared metering exists at your new rental property, we must activate an account in your name as the owner until you otherwise correct the conditions. Any disputes regarding being made aware of the condition prior to assuming ownership must be directed to the former owner.
The shared meter regulations (Section 52 of Public Service Law) require any dispute of the investigation findings or charges billed to you as the owner must be made in writing to the New York Department of Public Service. For more information on the Department of Public Service’s shared meter complaint handling process, please visit www.dps.ny.gov/sharedmeter.
The full version of Section 52 of Public Service Law can be found here: www.nysenate.gov/legislation/laws/PBS/52.