Part 96 requires covered submetering to remain authorized where Commission approval is required and to comply with the conditions of the approval and Part 96.
Unless a different cap is established under Part 96, the maximum rate is tied to the distribution utility’s rates and charges for similarly situated direct-metered residential customers.
After approval, current residents must receive individual notice no less than two months before actual submetered billing begins.
Part 96 requires submeterers to retain billing records for six years.
Confirm that the building is actually authorized to submeter
Part 96 distinguishes existing master-metered premises, new premises, direct-meter conversions and other categories. Covered submetering must follow the applicable Notice of Intent or Petition process and the Commission conditions that apply to the property.
A resident reviewing a bill should keep the building name/address and look for the PSC case or authorization referenced in the lease, resident notice or building records.
The rate cap is a billing ceiling, not a generic market estimate
Part 96 defines a rate cap for submetered residents. Unless a different rate cap is set under the regulation, it is based on the distribution utility’s delivery and commodity rates and charges for similarly situated direct-metered residential customers during the billing period.
The rules also allow credits and interest when residents were charged above an applicable rate cap in circumstances covered by the enforcement provisions. Compare the actual kWh, billing period, rate calculation and property authorization rather than relying on an online “average electricity rate.”
Residents receive notice and HEFPA protections
After submetering approval, Part 96 requires individual notice to current residents at least two months before billing begins. The notice includes information about responsibility for electric charges, HEFPA rights and the Department of Public Service complaint path.
Part 96 requires submeterers to provide HEFPA consumer protections and prevents a lease or residential agreement from using binding arbitration as the required method for resolving submetered service or billing complaints.
Billing records and meter accuracy are reviewable issues
Part 96 requires bills to be sent within 30 days after receipt of the master-metered utility and/or energy-service-company bill and requires billing records to be retained for six years.
A recipient of submetered service may request one submeter accuracy test at no cost during a 12-month period when the request is made through a consumer complaint under the Part 96 meter-test provision.
Use the DPS complaint process for unresolved submetering issues
The Department’s residential electric submetering complaint form instructs residents to first seek assistance from the submeterer. If the issue is not satisfactorily resolved, the resident can submit the complaint and supporting bill/communication records to DPS for investigation.
Keep the disputed bill, building/property-management information, billing-agent information, prior complaint correspondence and the resolution requested. Do not send more personal information than the complaint process requires.
Scope: this is electric submetering, not every New York utility bill
This topic is specifically about residential electric submetering under Part 96. A direct utility account, shared-meter condition, gas bill, water charge or another landlord fee can involve a different statutory or regulatory framework.
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Official sources
Official DPS publication of the residential electric submetering rules covering authorization, resident notices, rate caps, HEFPA protections, billing records, complaint procedures and meter requirements.
New York State Department of Public ServiceResidential Electric Submetering Complaint Form ↗Official DPS complaint form directing residents to first contact the submeterer and providing a path for Department investigation when the issue is not resolved.
New York State Department of Public ServiceYour Rights as a Residential Gas, Electric or Steam Customer under HEFPA ↗Official DPS overview of residential energy consumer protections and complaint rights under the Home Energy Fair Practices Act.