Certain unmistakable harbingers of the change of season are starting to appear around town. Soft ice cream shops have closed, 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 1988-89” 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 pocketbook and personal well-being.

If you are a tenant, know your rights and responsibilities for heat maintenace.

I. The 1981 Boca Basis Property Maintenance Code, as adopted by the City of DeKalb, requires that: “every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 65 F at a point three feet about the floor and three feet from an exterior wall in all habitable rooms, bathrooms and toilet rooms,” and that “every window and exterior door shall be fitted reasonably in its frame and be weathertight. 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 windows, 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 there is still no reasonable response, you can complain to the City of DeKalb Department of Building and Community Services at 756-4881. You might also 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 easily as operating a hairdryer. Talk to your landlord about picking up the costs of heat-saving devices. It’s worth a try. Don’t overlook the simplest cost saver—judicious control of your thermostat.

II. 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 Section, Illinois Commerce Commission, 527 East Capitol, Springfield, Ill. 62706, (217)782-2024. The Consumer’s 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 forecasted a temperature of 32 F or below for that day or any day during the weekend or holiday. More stringent regulations control discontinuance between Dec. 1 and March 31. The utilities are also prohibited from discontinuing service while the dispute procedure described above is under way, provided the customer promptly 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 service 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. If you find yourself in this situation contact this office or another attorney immediately.

III. Help for heating bills. Income eligible persons can apply now for grants through the Illinois Home Energy Assistance Program (HEAP) to assist in payment of house or apartment heating bills. Gross income my not exceed $601 for the past 30 days for a one-person household, $805 for a two-person household, $1,009 for a three-person household, and $1,214 for a four-person household. If you believe you may be eligible, call Community Contact, Inc., 1-758-3835 for further information.

IV. Preventing the pipes from freezing. As a tenant, you can be held liable for damages resulting from pipes which 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 may cost you a little more in utility bills, but could save you thousands of dollars by preventing damage from frozen pipes.

Have a warm winter!

Students’ Legal Assistance

Don Henderson

Lynn Richards