Section 15-402. NOTICE OF TENANTS' RIGHTS AND OPTIONS

 

402.1At least twenty-one (21) days prior to terminating service, a utility company shall send, by registered mail, to each tenant whose name is made known to the utility company a Notice of Tenants' Rights and Options. The notice shall also be sent to all tenants by regular mail. The notice shall contain the following:

 

(a)A general fact sheet giving the reason for the proposed change in billing, the owner's name, a description of the following options available to tenants for the provision of utility service:

 

(1)Individual metering;

 

(2)Collective payment by a tenant's association;

 

(3)Individual payment based on a fair and equitable allocation of the total bill; and

 

(4)The appointment of a receiver;

 

(b)The telephone number and address of the utility, the name of the person or persons handling these matters and an invitation to contact the utility for more information;

 

(c)The date, time and place for a meeting between the tenants and a field representative from the utility to discuss the available alternatives. With respect to this meeting only, a notice shall be sent to the District agency which is authorized to represent citizens in utility matters;

 

(d)The statement that the tenant has the right to deduct all future payments made by the tenant for utility services from rent owed as provided by §3 of D.C. Law 3-94; and

 

(e)A Preliminary Election Card, printed on a postage paid postcard, to be filled out by the tenant indicating the tenant's preference among the following options:

 

(1)Individual metering, if practicable;

 

(2)Collective payment by a tenants' association, if practicable;

 

(3)Individual payment based on a fair and equitable allocation of the total bill; and

 

(4)Appointment of a receiver.

 

402.2For the purposes of §402.1(a)(3), the utility company shall state its proposal for a fair and equitable division of the utility bill and the proposed percentage to be paid by each tenant.

 

402.3For the purposes of §402.1(e)(1), the individual metering option shall clearly state the following:

 

(a)This option is only a possibility if sixty percent (60%) of the tenants in the master-metered building indicate a preliminary interest and if the utility company finds that it is practicable to individually meter the building; and

 

(b)The tenant may abandon the individual meter selection within ten (10) days after reviewing the detailed Statement of Practicability which is prepared by the utility company.

 

402.4The postcard required by §402.1(e) shall also contain the advisory note that failure to return the postcard by a stated date, which shall be not less than ten (10) days from the date the postcard is mailed, shall mean that the tenant does not wish to receive service in his or her own name and desires the appointment of a receiver.

 

402.5The Notice of Tenants' Rights and Options shall be submitted to the Public Service Commission for its approval prior to distribution to tenants. A copy of the Notice of Tenants' Rights and Options shall also be published in a newspaper of general circulation on the day that the notices are mailed to the tenants and be prominently displayed in an area of the apartment house which is readily accessible to all tenants.

 

source

Final Rulemaking published at 28 DCR 3329, 3333 (July 24, 1981).