N.Y. Comp. Codes R. & Regs. tit. 16, § 11.30
(c) Legal impediment means a restriction which prevents separate metering, rewiring, or repiping due to zoning ordinances, which limit the number, type or location of meters in a building, or due to the historical significance of the structure, or any other legal prohibition against elimination of the shared meter condition.
(d) Minimal service.
Whenever the quantity of service on a shared meter, that is used outside of the tenant's dwelling, is estimated to be less than 10 percent of the total monthly consumption recorded on the meter, based on average monthly service for the immediately preceding 12-month period (or if insufficient history is available, based on the best available information), or 75 kwh/month of electricity, five therms/month of gas or one mlb/month of steam, whichever is greater, the owner, tenant and any third party whose utility service was to be measured through another meter and had caused or benefited from the shared meter condition, may negotiate a mutually acceptable agreement for the responsibility for the cost of such shared meter consumption. When the interested parties are unable to negotiate a mutually acceptable arrangement, the commission or its designee may order a remedy for a shared meter customer that it deems fair and equitable based on costs incurred and benefits received by the various parties.