SECTION 305-C
Right of tenant to offset payments for heat failure; certain cases
Multiple Residence (MRE) CHAPTER 61-B, ARTICLE 8
§ 305-c. Right of tenant to offset payments for heat failure; certain
cases. 1. Any tenant acting alone or together with other tenants of a
multiple dwelling employing an oil fired heating device for which the
owner is responsible and wherein there exists a lack of heat due to the
owner's failure to have oil supplied to the premises, may contract and
pay for the delivery of such oil in accordance with the provisions of
this section. Any payment so made shall be deductible from rent
providing the following provisions have been substantially complied with
by the tenant or someone acting on his behalf:
a. Reasonable efforts were made to contact the owner or his agent to
inform the owner of such failure to supply oil.
b. Reasonable efforts were made to have the normal fuel supplier to
the premises deliver the requested fuel.
c. Delivery of fuel oil to the premises was secured from a fuel
supplier regularly engaged in such business at a price within the range
of prices listed by the department in the index provided for in
subdivision three of this section.
d. The fuel supplier from whom oil is secured provided a written
statement containing the following:
(1) The name of the person or persons who requested the delivery; and
(2) The date, time of and premises to which delivery was made; and
(3) The amount, grade and price of the oil delivered; and
(4) A certification that the usable fuel supply before the delivery
was exhausted; and
(5) The charge, if any, for refiring the burner; and
(6) The amounts and from whom any payments were received.