Can an SC utility company shut your heat off during cold winter months? It depends
Are you missing spring weather yet?
Temperatures have dropped considerably across much of South Carolina recently and the state is expected to see more lows in the 20s and 30s over the next few days. Even at the best of times, extremely cold temperatures can be a pain — such as the need to protect your home’s pipes from freezing.
But what if you didn’t have electricity to heat your home? Would a South Carolina utility company have the right to shut off a South Carolinian’s power in the winter for past due bills? And what are a landlord’s requirements for ensuring a property is providing heat to residents?
Here’s what to know.
Winter power shutoff rules in SC
According to the U.S. Department of Health and Human Services, South Carolina has some seasonal termination protection regulations.
South Carolina’s policy protects residents from Dec. 1 through March 31. The policy states that residents are protected from electricity disconnection when the average forecasted temperature is 32 degrees or below for a 45-hour period.
The policy also states that a 30-day shutoff delay is allowed for those who are seriously ill with a medical certificate, according to the S.C. Office of Regulatory Staff.
“The medical certificate application provided by the electrical utility must be signed by a licensed physician stating that disconnection of service would be especially dangerous to your health or the health of a member of your household,” ORS states.
The delay can be renewed up to three times during the winter protection months.
Dominion Energy
Dominion Energy in South Carolina notes that it follows the state’s freezing temperature guidelines on when not to shut off a customer’s power. The company also states that it won’t shut off customers’ heat during the winter protection months if they are ill and have a medical certificate. Dominion adds that it will work with customers and has several payment plan options to help them catch up on late bills.
“You have the right, prior to a scheduled disconnection of your service, to arrange with the electrical utility for a deferred payment plan to make payment by installments if you can show that you are unable to pay the amount due,” ORS states.
SC tenants rights
Other than utility companies, landlords in South Carolina have certain requirements to maintain heat for tenants during the winter months no matter what, South Carolina Legal Services states.
The South Carolina Residential Landlord and Tenant Act offers special protections to tenants when heat or hot water is not being provided in their units.
The act requires landlords to provide heat and hot water, as well as to maintain heating systems.
“Landlords cannot avoid these requirements through the lease,” South Carolina Legal Services states. “If the landlord does not provide these services, you can sue but must first deliver a written notice to the landlord.”
This story was originally published December 21, 2023 at 6:00 AM.
