1526 - Delivery and contents of first termination notice to tenants.

     § 1526.  Delivery and contents of first termination notice to                tenants.        (a)  General rule.--The notice required to be given to a     tenant pursuant to section 1523 (relating to notices before     service to landlord terminated) shall be sent by first class     mail or otherwise hand-delivered to each affected tenant by name     at his individual dwelling unit, or by unit number or unit     designation, and shall be posted in common areas.            (1)  In the case when a utility does not send notice by        first class mail, notice shall be hand-delivered. Hand-        delivery shall mean two attempts at personal service on a        responsible individual residing within the dwelling unit on        the same or separate days. Each attempt at personal service        must be made as follows:                (i)  One attempt shall be made between 8 a.m. and 5            p.m. on any day Monday through Friday.                (ii)  The other attempt shall be made either between            6 p.m. and 10 p.m. on any day Monday through Friday or            between 8 a.m. and 5 p.m. on a Saturday or Sunday.        Each of these attempts must be made not less than four hours        apart. If no personal service is made on any occasion, the        notice must be posted on the individual dwelling unit and        inserted under the door if floor space allows.            (2)  In the case where the utility cannot gain access to        a residential building to comply with paragraph (1), the        utility shall apply to court to obtain the names and send        notice by first class mail to the affected tenant.     In order to obtain the names and addresses of the affected     tenants and in conjunction with section 1524 (relating to     request to landlord to identify tenants), the utility     representative shall visit the affected premises within seven     days of service of notice to the landlord ratepayer, under     section 1525 (relating to delivery and contents of termination     notice to landlord), and, by personally contacting one or more     of the affected tenants, shall attempt to obtain the names of     all the tenants residing in the affected premises. The notice     for each affected tenant for whom a name has been obtained shall     be sent by first class mail or otherwise hand-delivered to each     affected tenant by name at his individual dwelling unit by     address and by unit number or, if none exists, by unit     designation and shall also be conspicuously posted in the common     areas. The notice for each affected tenant for whom a name has     not been obtained shall be hand-delivered to each individual     dwelling unit by address and unit number or, if none exists, by     unit designation and shall be conspicuously posted in the common     areas. For the purposes of this section, the term "unit     designation" means the geographic location of a dwelling unit by     floor and floor area. All notices shall contain the following     information:            (1)  The date on which the notice is rendered.            (2)  The date on or after which service will be        discontinued.            (3)  On each account, the bill for the billing month        preceding the notice to the tenants except that, in the case        of water and sewer service where the billing period is        bimonthly or quarterly, the utility shall provide an estimate        of costs for the previous 30-day period. Estimates shall be        based upon actual usage or, if actual usage is not available,        by determining one-twelfth of the dwelling unit's annual        usage.            (4)  The following statement of the tenant's rights, the        words and phrases of which appear all in capital letters to        be printed in 12-point bold-faced type with the first letter        printed in upper case and the letters that follow in lower        case and the words and phrases which do not appear all in        capital letters to be printed in ten-point type, with any        letter in upper case to remain so and the rest in lower case:                       IMPORTANT NOTICE TO TENANTS                WARNING: YOUR (utility company shall insert company                name and type of service) MAY BE SHUT OFF ON OR AFTER                (date) BECAUSE (utility shall fill in reason for                termination). TO STOP THE SHUTOFF OF YOUR UTILITY                SERVICE, YOU MUST DO ONE OF THE FOLLOWING THINGS:                    1.  You can join with the other tenants to pay                the utility bill for the last 30 days preceding this                notice or you can pay the total bill yourself. Either                way, you do not have to pay a deposit or get credit                granted in your name. You will not have to pay your                landlord's other debts or the debts of prior tenants,                and the utility service will remain in the name of                the landlord.                    2.  You may deduct your payment to the utility                company from your rent due now or from future rent.                The utility company will tell your landlord how much                you paid for that utility service.                          ADDITIONAL INFORMATION                    1.  The bill which must be paid to continue                service is $(amount).                    2.  Your landlord cannot punish you if you pay                the utility bill. Your landlord cannot raise your                rent, cannot evict you and cannot take action against                you in any other way for paying the utility bill and                deducting it from rent. You have a right to recover                money damages from the landlord for any damages or                injury he causes you for exercising your rights as a                result of this notice.                    3.  You have the right to dispute the accuracy of                the bill and have certain other rights. If you would                like further information regarding these rights,                contact your utility at (utility shall fill in a                phone number and address where the tenant may get                further information).                        DO YOU HAVE ANY QUESTIONS?                If you have any questions about your utility service,                please contact the utility company at (telephone                number and address). If, after talking about your                problems with the utility, you are not satisfied,                then call the Pennsylvania Public Utility Commission                at its toll-free number, which is 1-800-692-7380, or                write the Residential Termination Unit, Bureau of                Consumer Services, Pennsylvania Public Utility                Commission, P.O. Box 3265, Harrisburg, Pennsylvania                17120. YOU SHOULD CALL OR WRITE BEFORE THE SHUTOFF.                TO AVOID SHUTOFF, YOUR LETTER MUST BE RECEIVED BEFORE                THE SHUTOFF DATE.        The words and phrases of the foregoing notice to tenants are        subject to revisions due to changes in the rules, regulations        and laws governing this subchapter.            (5)  That the tenant or tenants must make payment to the        utility on account of nonpayment of charges by the landlord        ratepayer by check or money order drawn by the tenant to the        order of the utility or by cash and that the tenant must        provide, upon request, reasonable identification to the        utility. Reasonable identification shall include, but not be        limited to, a driver's license, photo identification, medical        assistance or food stamp identification or any similar        document issued by any public agency which contains the name        and address of the tenant.        (b)  Uniform explanation of tenants' rights and     responsibilities.--The commission shall direct the affected     utilities to develop for commission approval a uniform     explanation of all rights and responsibilities of tenants under     this subchapter. Within 180 days of the effective date of this     section, the uniform explanation of all rights and     responsibilities of tenants shall be available in a suitable     format for distribution by the utility company in response to     requests by tenants under subsection (a).     (July 2, 1993, P.L.379, No.54, eff. 60 days)        Cross References.  Section 1526 is referred to in sections     1523, 1528, 1532 of this title.