Section 15-415. REQUESTS FOR TERMINATION OF UTILITY SERVICE

 

415.1No utility shall terminate service to any master-metered apartment building subject to this chapter at the request of any person, except by §§401-410, or at the direction of the Mayor or his or her representative pursuant to §415.3, unless the following conditions are satisfied: owner unless the following conditions are satisfied:

 

(a)The Public Service Commission shall find that utility services provided by the utility will be provided by other means with no lapse in service. Before making a finding, the Public Service Commission shall require the owner, agent, lessor, or manager to do the following:

 

(1)Specify the source of the new utility service;

 

(2)Specify the date when the new service will begin; and

 

(3)Show evidence of a legally binding commitment by the new supplier to provide the utility service; or

 

(b)The Public Service Commission shall first make a finding that no units within the apartment building are not lawfully occupied by tenants. As a basis for this finding, the Public Service Commission shall require the following conditions be satisfied:

 

(1)A notarized affidavit pursuant to §415.2 executed by the owner, agent, lessor, or manager of the apartment building; and

 

(2)No tenant provides evidence which establishes the lawfulness of his or her occupancy; and

 

(3)The Commission's staff shall perform an on-site inspection and find that the premises are vacant or unlawfully occupied.

 

415.2For the purposes of §415.1(b)(1), the owner or other legally authorized person shall submit to the Commission a notarized statement which shall contain the following information:

 

(a)The name and legal authority of the person requesting termination of the utility service;

 

(b)The basis of the request for termination of the utility service;

 

(c)That no unit is lawfully occupied;

 

(d)That discloses the presence of any unlawful occupants, states the nature and term of their occupancy, and presents all available evidence supporting the allegation of unlawful occupancy, including but not limited to, final orders of the Landlord and Tenant Division of the District of Columbia Superior Court or the Rental Accommodations and Conversion Division of the Department of Consumer and Regulatory Affairs;

 

(e)That a notice, as approved by the Public Service Commission, has been prominently displayed in an area of the apartment building, which is readily accessible to all tenants informing all tenants with a claim of lawful occupancy to notify the Public Service Commission within ten (10) days of the posting date to establish the nature of their claim to occupancy, and attaches a copy of that notice; and

 

(f)That a copy of the notice was served on each occupant of the apartment building no less than ten (10) days prior to the date that utility service is to be terminated.

 

415.3Whenever termination of utility service is requested at the direction of the Mayor or his or her representative in an emergency situation, because of imminent treat to life or property, or for other good cause which threatens the public welfare, the Mayor or his or her representative may cause service to be terminated because of the existence of an emergency situation as determined by the Mayor or his or her representative.

 

415.4The Mayor or his or her representative shall notify the Public Service Commission of the termination within three (3) days of the termination excluding weekends and legal holidays, pursuant to §§415.2(a)-(d).

 

415.5If the request to the utility to terminate service is not in writing, the Mayor or his or her representative shall confirm the request in writing three (3) days of the termination excluding weekends and legal holidays.

 

source

Final Rulemaking published at 37 DCR 7124 (November 9, 1990) superseding Final Rulemaking published at 28 DCR 3329, 3338 (July 24, 1981).