Keeping the Lights On: Keeping the Lights On: Representing Clients Representing Clients

to Prevent Utility Shutoffsto Prevent Utility Shutoffs

Barbara RichardsonBarbara Richardson

Senior AttorneySenior Attorney

Legal Assistance Foundation of Metropolitan ChicagoLegal Assistance Foundation of Metropolitan Chicago

brich@lafchicago.org brich@lafchicago.org

www.lafchicago.orgwww.lafchicago.org

Aimee Gendusa-English Aimee Gendusa-English

Senior Consumer Rights Counselor Senior Consumer Rights Counselor

Citizens Utility Board (220 ILCS 10/) CUB Act) Citizens Utility Board (220 ILCS 10/) CUB Act)

aenglish@citizensutilityboard.org aenglish@citizensutilityboard.org

www.citizensutilityboard.orgwww.citizensutilityboard.org

Friday, November 14, 2008

IntroductionIntroduction

Investor-owned gas and electric companiesInvestor-owned gas and electric companies Applicable statutes:Applicable statutes:

Public Utilities Act, 220 ILCS 5/2-101, et seq.Public Utilities Act, 220 ILCS 5/2-101, et seq. Rental Property Utility Service Act, 765 ILCS 735 et Rental Property Utility Service Act, 765 ILCS 735 et

seq.seq. 83 Ill. Adm. Code Part 280 (Revisions Pending)83 Ill. Adm. Code Part 280 (Revisions Pending)

Co-ops and Municipal UtilitiesCo-ops and Municipal Utilities

220 ILCS 5/Art. XVII Electric Cooperatives and Municipal 220 ILCS 5/Art. XVII Electric Cooperatives and Municipal Systems Systems

Co-op by-laws and board of directors or board of trustees Co-op by-laws and board of directors or board of trustees Local ordinances & local elected officials Local ordinances & local elected officials Umbrella organizations such as:Umbrella organizations such as:

Association of Illinois Electric Cooperatives Association of Illinois Electric Cooperatives (http://www.aiec.coop/) (http://www.aiec.coop/)

Illinois Municipal Utilities Association Illinois Municipal Utilities Association (http://www.ilmua.org/) (http://www.ilmua.org/)

Utility Shutoffs – General RulesUtility Shutoffs – General Rules

Past due billPast due bill Outstanding depositOutstanding deposit Outstanding bill for service at another addressOutstanding bill for service at another address Reneging on a deferred payment agreement (DPA)Reneging on a deferred payment agreement (DPA) Violation of a utilities’ rule, for example, not allowing Violation of a utilities’ rule, for example, not allowing

access for a meter readingaccess for a meter reading

Utility Shutoffs – Winter RulesUtility Shutoffs – Winter Rules

Special DPA rules December 1 through and including Special DPA rules December 1 through and including March 31 March 31

10% down payment instead of 25% 10% down payment instead of 25% Prior DPA defaults may be disregarded Prior DPA defaults may be disregarded

Special reconnection rules November 1 through April 1Special reconnection rules November 1 through April 1 After meeting certain requirements, can be restored for After meeting certain requirements, can be restored for

1/3 (or 1/5 if cannot afford 1/3) of the following 1/3 (or 1/5 if cannot afford 1/3) of the following amounts: amounts: the past due bill;the past due bill; the reconnection fee; and,the reconnection fee; and, the required deposit.the required deposit.

Investigating and Disputing Investigating and Disputing High Utility BillsHigh Utility Bills

Meter reading problemsMeter reading problems Budget billingBudget billing DPADPA DepositsDeposits Transferred balancesTransferred balances Energy consumptionEnergy consumption

Landlord-Tenant DisputesLandlord-Tenant Disputes

Rental Property Utility Service Act, 765 ILCS 735 et seq.Rental Property Utility Service Act, 765 ILCS 735 et seq. Applies when a prospective tenant will be paying for areas Applies when a prospective tenant will be paying for areas

outside of his/her unitoutside of his/her unit Requires landlord’s written notice to such prospective Requires landlord’s written notice to such prospective

tenanttenant Requires written agreement to avoid landlord’s liabilityRequires written agreement to avoid landlord’s liability

Tampering and Unauthorized UsageTampering and Unauthorized Usage

Known as occupant use, self-restore, tampering, Known as occupant use, self-restore, tampering, revenue protection or theftrevenue protection or theft

““Guilty until proven innocent”Guilty until proven innocent” File a complaint with CUB or the Illinois Commerce File a complaint with CUB or the Illinois Commerce

Commission (ICC)Commission (ICC)

Low-Income Home Energy Low-Income Home Energy Assistance Program (LIHEAP)Assistance Program (LIHEAP)

Administered by the IL Dept. of Healthcare and Family Administered by the IL Dept. of Healthcare and Family Services (IDHFS)Services (IDHFS)

Local Administering Agencies (LAA’s) for each county Local Administering Agencies (LAA’s) for each county take applications and issues grantstake applications and issues grants

Community Economic Development Association of Cook Community Economic Development Association of Cook County (CEDA) is LAA for Cook County County (CEDA) is LAA for Cook County

Requires SSN’s and verification of income for all Requires SSN’s and verification of income for all household member for the last 30 dayshousehold member for the last 30 days

Gives Direct Vendor Payments (DVP) for heating gas and Gives Direct Vendor Payments (DVP) for heating gas and electric serviceselectric services

Gives cash assistance if utilities are included in rent and Gives cash assistance if utilities are included in rent and rent exceeds 30% of incomerent exceeds 30% of income

Gives up to $750 for Reconnection Assistance (RA) to Gives up to $750 for Reconnection Assistance (RA) to restore service or if there is an “imminent disconnection” restore service or if there is an “imminent disconnection” (disconnection within seven days of the application)(disconnection within seven days of the application)