And as some of you pointed out about adding "expense" to the rent .. true. But I chose not to but chose to put it in the addendum so the end user would be directly responsible... which was why a study was done to support how much water is saved (%30) when end users would be responsible and how subsequent laws were made for low flow toilets, etc, and the passing of the charges to the tenants. Without the end user responsible, this law is USELESS and a waste of TAX PAYER'S money! That's all landlords. This is how rediculouse(sp) Congress/State are. FYI ... again .. thanks for the answers...
It's true the challenge is to determine who is using the water in a multifamily home so the appropriate units are billed accordingly, but what happens in condo units? What law is there to "make" condo owners pay ONLY their usage? There is no law, but the Master Deed and it is based on the unit size and not who owns (same as the occupant at times) the condo. So in fact, the excuse from the lawmakers is baseless, they're simply protecting the end user (tenants in this case) and not the home owner where the later has to jump through hoops to comply with the law.
In stead of going to a lawyer and pay through the nose, I have gone to the court house and asked directly to the housing court/clerk.
One person that answered the question stated that in their community, owners are allowed to only pass along the charges that's above the normal quarterly bill. I'm assuming after the requirements of separate meters and costly "so forths". But it appears this city ordinance put further restrictions on the real estate tax payers, is that legal? I'm not sure anyone can answer that question unless you're a seasoned lawyer. I will go into Housing Court to find that answer, but it appears it is legit since this ordinance has not been challenged (nor really care by the house owner because WE simply raise rent and the heck with these law makers).
Thanks again all for answering.. tired of double dipping lawyers... I'll post what legal answers that I have found as a first amendment right so I will "not get in trouble" in practicing law without a license .. ;).
Let us know how you make out!
The Marie Souza Team - Top Selling on Cape Cod
Cape Cod Real Estate Services
The challenge is that you have to be able to prove who is using the water. In a duplex or single family if the water is already separately metered, you are golden. In a multi-unit building, this is not the case and that is why submetering is needed.
Unfortunately, for most landlords, the cost of putting in the submetering system is not cost justifiable.