If a landlord is responsible for the electricity or gas in your building and fails to pay the bills, a company cannot shut off service in the building until the tenants have been given at least 30 days' notice.19 Because many of these landlord-tenant cases can become very complicated, you should immediately call the DPU if you are in this situation and also try to get legal help. Do not expect to get legal help from the DPU.
Tenants can avoid the shut-off by banding together and agreeing to pay a "projected bill." You have a right to deduct from your rent any payments you make to the utility company, and you are protected from retaliation by the landlord. If you withhold rent for this purpose, you may also ask the DPU to establish a payment plan.
Tenants generally cannot be held responsible for any portion of the landlord's previous bills. The utility company can petition for a hearing at the DPU to show that the tenants should pay part or all of the previous bills, but to win such a hearing the company has to prove that the tenants withheld more rent than it would take to pay the bills, that the tenants had no other reason for withholding rent, and that it would not be an undue burden for the tenants to pay the bills.20
The failure of a landlord to pay for and provide utilities to tenants will usually violate other state housing laws. For example, if a landlord does not provide electricity or gas for heat during the winter, they are violating the state Sanitary Code. Tenants who bring lawsuits against landlords for these violations can win up to three months' rent and attorneys' fees. Tenants may also want to ask the court to appoint a temporary landlord called a receiver to manage the building. For more information on receiverships, see Chapter 8: Getting Repairs Made - Receivership.
