2021 NY Utility Termination Moratorium Explained

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Here at Harris we make sure we stay informed of state mandated requirements. We know that legislation can sometimes be difficult to understand, so we wanted to put together a quick blog post on New York’s recent Utility Termination Moratorium changes.

Extended Payment Plans:

On May 12, 2021 Governor Cuomo signed legislation to extend and modify the Utility Termination Moratorium Law. This bill reinstated provisions that lapsed on March 31, 2021 and also included new provisions that now include small business customers.

These protections will be in effect for the duration of the State of Emergency or until December 31, 2021, whichever is first. For specific customers the protections will remain in effect for 180 days after (1) the State of Emergency is lifted or (2) December 31, 2021, whichever is first. We’ve detailed these protections and requirements below.

  • Includes small business customers with 25 or fewer employees within the protections and requirements of the statute.
  • Prohibits municipal water suppliers from relevying unpaid or past due water charges during the State of Emergency or until December 31, 2021, whichever comes first.
    • Municipal water suppliers cannot relevy for 180 days after that deadline for customers who claim a change in financial circumstance due to the COVID-19 State of Emergency.
    • Relevying will only be permitted after the COVID-19 State of Emergency is lifted or after December 31, 2021 (whichever is first) for customers who have received the appropriate notice of the protections afforded by the statute in their billing statements and do not attest to such change in financial circumstances.
  • Prohibits late fees on residential and small business customers entering into deferred payment agreements.
  • Prohibits a municipality’s ability to place, sell or enforce a lien on the properties of such customers protected by this legislation.

We’ve created two short videos for you to learn more about how FlexiBill can assist you with creating a payment plan for your customers who claim a change in financial circumstance and how you can easily re-levy or write off past due utility charges.


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