Transcript Document

Keeping the Lights On:
Representing Clients
to Prevent Utility Shutoffs
Friday, November 14, 2008
Barbara Richardson
Senior Attorney
Legal Assistance Foundation of Metropolitan Chicago
[email protected]
www.lafchicago.org
Aimee Gendusa-English
Senior Consumer Rights Counselor
Citizens Utility Board (220 ILCS 10/) CUB Act)
[email protected]
www.citizensutilityboard.org
Introduction
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Investor-owned gas and electric companies
Applicable statutes:
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Public Utilities Act, 220 ILCS 5/2-101, et seq.
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Rental Property Utility Service Act, 765 ILCS 735 et
seq.
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83 Ill. Adm. Code Part 280 (Revisions Pending)
Co-ops and Municipal Utilities
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220 ILCS 5/Art. XVII Electric Cooperatives and Municipal
Systems
Co-op by-laws and board of directors or board of trustees
Local ordinances & local elected officials
Umbrella organizations such as:
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Association of Illinois Electric Cooperatives
(http://www.aiec.coop/)
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Illinois Municipal Utilities Association
(http://www.ilmua.org/)
Utility Shutoffs – General Rules
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Past due bill
Outstanding deposit
Outstanding bill for service at another address
Reneging on a deferred payment agreement (DPA)
Violation of a utilities’ rule, for example, not allowing
access for a meter reading
Utility Shutoffs – Winter Rules
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Special DPA rules December 1 through and including
March 31
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10% down payment instead of 25%
Prior DPA defaults may be disregarded
Special reconnection rules November 1 through April 1
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After meeting certain requirements, can be restored for
1/3 (or 1/5 if cannot afford 1/3) of the following
amounts:
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the past due bill;
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the reconnection fee; and,
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the required deposit.
Investigating and Disputing
High Utility Bills
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Meter reading problems
Budget billing
DPA
Deposits
Transferred balances
Energy consumption
Landlord-Tenant Disputes
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Rental Property Utility Service Act, 765 ILCS 735 et seq.
Applies when a prospective tenant will be paying for areas
outside of his/her unit
Requires landlord’s written notice to such prospective
tenant
Requires written agreement to avoid landlord’s liability
Tampering and Unauthorized Usage
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Known as occupant use, self-restore, tampering,
revenue protection or theft
“Guilty until proven innocent”
File a complaint with CUB or the Illinois Commerce
Commission (ICC)
Low-Income Home Energy
Assistance Program (LIHEAP)
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Administered by the IL Dept. of Healthcare and Family Services
(IDHFS)
Local Administering Agencies (LAA’s) for each county take
applications and issues grants
Community Economic Development Association of Cook County
(CEDA) is LAA for Cook County
Requires SSN’s and verification of income for all household
member for the last 30 days
Gives Direct Vendor Payments (DVP) for heating gas and electric
services
Gives cash assistance if utilities are included in rent and rent
exceeds 30% of income
Gives up to $750 for Reconnection Assistance (RA) to restore
service or if there is an “imminent disconnection” (disconnection
within seven days of the application)