Speaking from the bar

Unmistakeable harbingers of winter are starting to appear around town. Drug stores are running anti-freeze sales, back pages of magazines are advertising clothes for pets and the local T-shirt emporiums are gearing up to sell “I survived the winter of 1990,” T-shirts.

Beyond fortifying yourself with a sense of humor (or at least an air of resignation) about the inevitable process of falling temperatures, freezing winds and snowbound cars, there are several things you can do to prepare yourself for the impact winter is likely to have on your pocket book and personal well being.

If you are a tenant, know your rights and responsibilities for heat maintenance. The 1987 Boca Basic Property Maintenance Code, as adopted by the city of DeKalb, requires all owners of residential dwelling units to provide the unit with heating facilities capable of “maintaining a room temperature of 65 degrees in all habitable rooms, bathroom and toilet rooms during the hours between 6:30 a.m. and 10:30 p.m. and maintian a temperature of not less than 60 degrees during other hours. The temperature shall be measured at a point 3 feet above the floor and 3 feet from exterior walls.” Under the code, “every window and exterior door shall be filled reasonably in its frame and be weather-tight. Weather stripping shall be used to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair.”

If after checking the window, doors and the temperature you find that the defined standards are not being met, contact your landlord and discuss the situation. If this is not productive, notify your landlord of the problem in writing and save a copy. If ther is still no reasonable response, you can complain to the City of DeKalb Department of Building and Community Services at 756-4881. You also might buy a thermometer and keep a daily log of the temperature in your apartment as evidence in the event the matter ends up in court.

The city code does not require that storm windows be provided. Additional weather barriers are useful and cost efficient, so consider self-help. Recent technological developments make installing plastic film on windows almost as easy as operating a haredryer. Talk to your landlord about picking up the costs of heat-saving devices.

Most tenants are responsible for heating costs. If so, you should know about your rights and responsibilities in relation to the utility companies. By law, every utility company is required to have one person available at all times to resolve complaints and problems. If this person cannot answer your question or resolve your complaint, ask to speak to a supervisor. If this does not help, contact the Consumer’s Assistance Office, Public Utilities, Illinois Commerce Commission, 527 East Capitol, Springfield, Ill. 62706 or call (217) 782-2024. The assistance office investigates both sides of a complaint and reaches a decision or arranges a compromise. If a customer is still dissatisfied, he or she can request a hearing before the Commerce Commission, or take the case to court.

Note that the Commerce Commission regulates discontinuance of service by a utility company. The commission forbids discontinuance of service on any weekday or day preceeding a weekend or holiday if the National Weather Service has forecast a temperture of 32 degrees or below for that day or any day during the weekend or holiday. More stringent regulations control discontinuance between December 1 and March 31. The utilities also are prohibited from discontinuing service while the dispute procedure described above is underway, provided the customer promtly pays the undisputed portion of his or her bills.

If your landlord is responsible for paying all or part of the utility bills, but is failing to do so, you have the right by law to continue your services by paying in full the present and all future bills, and deducting these sums from your rent. If your building contains three or more residential units, the utility must notify you that it intends to discontinue service for the landlord’s delinquency.

Help for heating bills is available to income eligible persons through the Residential Energy Assistance Partnership Program (REAPP), which provides grants to assist low-income persons to pay house or apartment heating bills. Gross income may not exceed $614 for the past 30 days for a one-person household, $823 for a two-person household, $1033 for a three-person household and $1243 for a four-person household. If you believe you may be eligible, call Community Contact, Inc. at 758-3835 or (312) 232-9530.

As a tenant, you can be held liable for damages resulting from pipes that freeze in your apartment because you turned off the heat when you left for semester break. Check your lease. Keeping your thermostat on low rather than off might cost you a little more in utility bills, but could save you thousands of dollars by preventing damage to frozen pipes.

Don Henderson

Lynn Richards

Students’ Legal Assistance