Diversion of Service
© 1991 by Neighborhood Legal Services, Inc.
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What is diversion of service?

Diversion of service takes place when you end up paying for utility service used by someone else. The service could be for another apartment or a common area of an apartment building (for example, the lobby). Diversion takes place only if you did not know that your meter served more than your apartment when you rented it. If you knew that your meter served more than just your apartment, it is not considered diversion.

What are some clues that diversion may be taking place?

1. Your utility bill suddenly increases. But there may be other explanations for this. Did you recently purchase a color TV or a clothes dryer? Is the bill higher because you are paying for heating costs? Did your household size increase?

2. A fuse or breaker blows and the lights outside of your apartment (for example, the hallway, the lobby, or your neighbor's apartment) are affected as well.

3. You shut off or unplug all lights, clocks, TVs, refrigerator, etc., and your electric meter continues to run.

4. There are fewer meters than there are apartments.

What should you do if you think diversion is taking place?

Make a complaint to your utility company. The complaint may be oral or written. We suggest you make a written complaint and keep a copy.

While you are waiting to hear about your complaint, you have to pay only for the utility service which you believe you use for your own apartment. You do not have to pay for the service which you believe is being diverted. If the utility tries to cut your service off because of the unpaid bill, see the next page. If, after investigation, no diversion is found, you will have to pay the whole bill including back amounts owed.

What will the utility company do?

The utility company must try to inspect the meter or other items to determine if diversion is taking place. They should contact you to make an appointment. Make sure you are there when the representative from the company is scheduled to conduct the inspection.

The utility company must tell you the results of the inspection.

Do you have to notify the landlord that you have complained to the utility?

No. However, if the meters are in a locked room and only the landlord has a key, you'll need the landlord's cooperation.

What if the utility company threatens to cut off your service because you didn't pay the bill?

Call the Public Service Commission (847-3400). Tell them you are contesting the bill, and ask them to stop the shutoff.

What happens if the utility company discovers diversion?

They must tell the landlord to stop the diversion.

They must then set up a meeting between you and your landlord. At the meeting, the utility company's representative should try to convince the landlord to sign an agreement to stop the diversion by a definite date.

What happens if the landlord does not attend the meeting or refuses to sign an agreement?

The utility company must adjust your bill. The adjustment must:

1. give you a credit for the diverted utility service you paid for;

2. make sure your future bills do not contain charges for diverted service.

The utility company must give you a written decision, explaining how it figured the amount of service that was diverted, when the diversion started, and its estimate of how much service is being diverted each month.

What happens if you disagree with the final decision of the utility?

If an agreement cannot be reached at the meeting or you are unhappy with the decision of the utility company, you can call 847-3400 to complain to the Public Service Commission. You must make your complaint within 30 days of the date of the meeting or of the date of the utility company's letter informing you of its decision.

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