Keeping the Lights On: Representing Clients to Prevent Utility Shutoffs

1. Keeping the Lights On: Representing Clients to Prevent Utility Shutoffs Friday, November 14, 2008 Barbara Richardson Senior Attorney Legal Assistance Foundation of Metropolitan Chicago brich@lafchicago.org www.lafchicago.org Aimee Gendusa-English Senior Consumer Rights Counselor Citizens Utility Board (220 ILCS 10/) CUB Act) aenglish@citizensutilityboard.org www.citizensutilityboard.org

2. Introduction • Investor-owned gas and electric companies • Applicable statutes: • Public Utilities Act, 220 ILCS 5/2-101, et seq. • Rental Property Utility Service Act, 765 ILCS 735 et seq. • 83 Ill. Adm. Code Part 280 (Revisions Pending)

3. Co-ops and Municipal Utilities • 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: • Association of Illinois Electric Cooperatives (http://www.aiec.coop/) • Illinois Municipal Utilities Association (http://www.ilmua.org/)

4. Utility Shutoffs – General Rules • 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

5. Utility Shutoffs – Winter Rules • Special DPA rules December 1 through and including March 31 • 10% down payment instead of 25% • Prior DPA defaults may be disregarded • Special reconnection rules November 1 through April 1 • After meeting certain requirements, can be restored for 1/3 (or 1/5 if cannot afford 1/3) of the following amounts: • the past due bill; • the reconnection fee; and, • the required deposit.

6. Investigating and Disputing High Utility Bills • Meter reading problems • Budget billing • DPA • Deposits • Transferred balances • Energy consumption

7. Landlord-Tenant Disputes • 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

8. Tampering and Unauthorized Usage • 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)

9. Low-Income Home Energy Assistance Program (LIHEAP) • 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)