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Apartment Residents Deserve the Same Utility Protections as Everyone Else

The Office of the Ohio Consumers’ Counsel (OCC) is urging lawmakers to preserve the Supreme Court of Ohio’s landmark decision in In re Complaint of Ohio Power Co. v. Nationwide Energy Partners, L.L.C, which held that companies reselling electricity to apartment tenants are public utilities subject to regulation by the Public Utilities Commission of Ohio (PUCO).

OCC recently filed a supplemental brief in PUCO Case Nos. 24-106-EL-ATA and 24-107-EL-AAM, urging the PUCO to fully implement the Court’s decision and ensure apartment residents receive the same rights and protections as every other Ohio utility consumer. 

For too long, submetered tenants have paid more while receiving fewer protections. Investigations found some submetering companies charge unregulated fees and mark ups that increased electric bills by 5% to 40%, while consumers lacked access to protections such as payment plans, disconnection safeguards, transparent billing, consumer complaint rights and the ability to shop for competitive electric suppliers.

Why This Matters

House Bill 173 would create a separate system for apartment residents served by submetering companies – one that provides fewer rights and protections than traditional utility consumers receive.

Under HB 173 apartment residents could lose or receive weaker protections related to:

• Customer Choice - No ability to choose an electric supplier.
• Payment Plans and Assistance - Reduced access to PUCO-supervised payment plans and programs like PIPP Plus. 
• PUCO Complaint Rights - Fewer protections for billing disputes, shutoffs, and unreasonable practices. 
• Consumer Advocacy - Loss of representation from OCC.
• Disconnection Protections - Weaker shutoff protections and winter heating safeguards.  
• Rate Oversight - Less scrutiny of fees, charges, and markups.
• Regulatory Enforcement - Fewer tools to hold submetering companies accountable. 

Simply put, HB 173 risks creating second-class utility consumers – Ohioans who pay for essential electric service but receive fewer protections because they live in an apartment.

Share Your Story

Your testimony can help protect consumers living in submetered apartment complexes. 

Please contact OCC at occ@occ.ohio.gov or complete our Contact Us form to share your experience.