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water bills
Lew,its been awhile,glad to see you are still at it. I intend to pursue matters in court as soon as I get definitive closure from the BBB. Ista sent me a master bill and guess what? my apartment unit was not even listed, for the common area only bills we were billed entirely for and to boot anyone stating this practice is fair check out the news from a few months ago. There was a quad murder at timber ridge in ohio, it was broadcasted and made national news. In the report it stated there were the 4 men that were murdered along with 3 other men that also lived there. I hate to use this tragedy but it does prove a point. Only 4 people maximum should be residing in a 2 bedroom unit, unfortunatly it is common for residents to cram 7-10 or more people into an apartment. Without using seperate meters, I am paying for everyones laundry, pool water and showers for others who cannot abide by rules or the law. How can anyone say this is fair. I know for a fact there were months when my bill was extremely high for me and my daughter-300 in the spring, while nieghbors with far to many people paid less. The whole system is ridiculous and landlords suck at paperwork. Timber ridge was sold shortly after I moved out. The funny thing- They ask me to leave at the end of my lease and then after I complained loudly enough, I recieved notice to stay in thier community on june 1st-my move out date was the 2nd.
water/sewer billing
Hi, Bev: Talk to a large (must have sufficient resources to fight BIG special interests) law firm (one that will represent plaintiffs other than BIG business) specializing in environmental, class action and business law. No law firm, for now, knows about allocation billing for water being illegal without a PWS permit. If they want info, tell them to contact me. I can point them to documents that make the case for a SDWA violation, if tenants are being allocation billed separately for water, absolutely crystal clear without a shadow of a doubt. My attorneys have agreed to represent me on a contingency basis in the SDWA part of the case, of which they are very confident, and are still investigating other possible violations to pursue such as overbilling, unfair business practices, deceptive practices/fraud and consumer protection. EPA is now cooperating and putting preassure on the state to enforce SDWA and require the apartment owner to register as a PWS or cease and desist. Either way, they are responsible for the wrong they have already done to tenants. Region IV Chief of Drinking Water Section has also notified their Washington DC office of the problem here and that it exists in other states as well. The tidal wave is nothing more than a ripple now but will grow to a tidal wave sweeping change across the nation. Complaints to EPA, if the state won't do anything, should be submitted in writing, dated, signed and sent certified to the appropriate Chief of Drinking Water Section in your region. Describe the property, its owner and how he is using an arbitrary, inaccurate, inequitable and abusive allocation water billing formula without a permit to operate a PWS as required by SDWA and EPA. EPA and equivalent state agencies will not look for violations. If violations are properly reported in writing, they must respond. The more reports that are made the sooner this abusive practice will be stopped everywhere in the U.S. Currently, only four states don't allow the use of allocation billing also known as Ratio Utility Billing System (RUBS). Later, amiga. Lew
AFAIK the answer to the "Re:
AFAIK the answer to the "Re: Is "Scaling Engineer" a new job title?" is yes
water bills
I lived in an Aimco properety and have been disputing thier bills for 2 years. My daughters room where the meter was, was also a fire hazard. One bedroom apartment not even 700 square feet and they tried to bill me almost 300.00. Called the EPA, the governer, weights and measures, the fbi,lawyers duke energy and nobody will help me. There is no jurisdiction. After requesting all bills from Ista, I was given notice to leave 2 days later. The building inspector was disgusted by the HVAC unit and still I am fighting to see what I can do about it. BBB closed case yesterday , lack of response from AIMCO/. Ista sent me something, but of course it listed no rates and now they are telling me i also paid for everyones heat because the heaters constantly run in the winter even though i turned my furnace off. I was also harrassed by the landlord before moving out who lived next door, and all the nieghbors quit talking to me because they were afraid they would be asked to leave as well. I was ioncredibly stressed before moving out due to everything that happebned and would really love it if a lawyer were to read this and be interested. Good person seeking justice.
Lew, I'm curious why sdwa
Lew, I'm curious why sdwa testing would be necessary if there are no meters installed at the property. From my understanding, the water is compliant at the master meter and then nothing else touches it.......
Applicability of sdwa to water/sewer billing
The apartment complex where I live was built before lead/copper were prohibited in plumbing. Also, there is a significant amount of underground piping in the complex distribution system that could be vulnerable to contaminants entering through breakage/leaks, which have occurred. The SDWA says any person selling drinking water through a distribution system to 25 or more full-time residents is a PWS and subject to regulation by NPDWR unless submetering is used. The purpose is to encourage water conservation, which the EPA is satisfied is accomplished with submetering but not using an allocation method. In my case, the apartment complex fits the EPA/SDWA definition of a small consecutive community water system type of PWS. The SDWA also says all PWSs must test water safety/quality and provide Consumer Confidence Reports (CCRs) to the consumers. In this case, the only ones that may be receiving CCRs are the apartment owners and not the end users/tenants. Our water is not tested at the taps according to SDWA/NPDWR requirements. An apartment complex is closer to the description of a mobile home park than it is to an apartment building. Mobile home parks, even those using submetering, are not exempt from complying with SDWA/NPDWR and being designated PWSs. Short answer to your question is, the water on private property is not tested at the taps. Thus, no one knows if/when there may be a problem with water quality and that violates the SDWA. Hope that satisfactorily answers your question. Later, amigo. Lew
it does and it doesn't. in
it does and it doesn't. in the same situation, where an owner would submeter, the owner is exempted. it doesn't add up. if the concern was with the plumbing, why exempt when submetering occurs? conservation balances out the health concern? also, i don't understand your distinction between an apartment complex and an apartmenta building.
water/sewer billing
EPA's exemption was apparently an attempt to urge landlords to use submetering that would result in conservation. The whole damn thing was useless, because states like the one I live in allow the use of the allocation method of billing and no landlord is ever going to pay to retro-fit submetering, when they have the option to use allocation, which costs zero. The entire system is faulty and landlords and third party utility billing services are getting fat on the backs of tenants. Some of the proponents of landlords billing back and recovering water/sewer/trash get irate claiming that tenants have no right to free wate. When was water or anything else in an apartment free. All business expenses are considered before the landlord sets a rent number. In the past water/sewer/trash were bundled into the rent. Landlords love to bill back for water/sewer/trash, because it is a defacto increase in rent. Landlords love to exhibit a low rent number. Many tenants are fooled by it. I'm not. You want me to pay for water/sewer/trash by billing me separate for it, show me a detailed bill of how much I should be paying based on what I used or contributed to trash. Don't demand I pay for your normal operating expenses by billing me separately plus rent and refuse to disclose to me exactly what I used or how your formula works, precisely with all the factors plugged in. My landlord refuses to disclose such information. It could be used to determine if he is complying with the law in Georgia that states he can't charge me more for water/sewer than he pays for it plus a reasonable service fee. So, I have to get a lawyer or a whole bunch of lawyers to fight against a greedy and unscrupulous landlord. EPA or state environmental enforcement agencies don't actively look for violations. So, I reported one and guess what? They are taking action, I think, or so I was led to believe??? Stay tuned for further develpments.
when utilities are billed as
when utilities are billed as a component of rent, isn't it possible that the way the owner determines the component could result in a tenant paying more than what they would if they were metered or separately billed under an allocated method? market forces control this to an extent, but it seems its more comforting to people to deal with it this way. the conservation benefits of separate billing still exist no matter if metered or allocated methods are used (there are other studies that show this by awwa, etc.). many buildings are constructed in a manner so that they cannot be metered without extensive retrofitting (which tenants would ultimately pay for).
water/sewer billing
Allocation billing for water as a separate item, whether it is included in a bill for rent or not, is prohibited by the SDWA unless the property is registered as a public water system. Any problem you have with that you should address to the U.S. Congress, who enacted the SDWA in 1974. The only valid and reliable study comparing the pros and cons of submetering vs allocation water billing that I know of, and that was/is recognized by the EPA, is the AquaCraft Study released in 2004. That study was unbiased and done on a wide scale, unlike the one you refer to. Unfortunately, greed being a common human fault, many apartment owners have taken unfair advantage of tenants by charging them for more than a fair amount of the water used on single master metered properties. I happen to live on one of those properties. From the first time I complained about this to my property manager, who told me they were/are complying with the law, I said, "If this is legal, it shouldn't be." I was determined to investigate the matter and ran into road blocks everywhere. Until, I found chink in the armor. Apartment owners associations, multi-housing councils and the national utility submetering and allocation association have done a heck of a job influencing the states to look the other way, even pass laws that allowed apartment owners to do as they pleased, and ignore superceding federal law. It is soon coming to an end. The only fair and acceptable method of water billing that conserves water is to have each apartment metered. It's not my problem to figure out how apartment owners are going to pass on the cost of water used on their property. I'm still working on the legality of allocation sewer billing but am convinced it is based on the same fallible formula of allocating water (the cost of wastewater is based on the amount of incoming water), thus it is just as wrong. The whole problem amounts to a conspiracy (between the owner and the utility billing company) to commit consumer fraud (deceptive practices involved).
lew, your analysis is off.
lew, your analysis is off. sdwa doesn't prohibit the practice. it arguably causes the property to be regualted differently but there is no prohibition on allocation. i agree that metering is the fairest way to do it, but in my investigation it became clear that it simply isn't possible in some buildings right now with existing technology. the comparison here should be allocation vs in rent billing, however. with allocation there is an incentive to conserve. with in rent there is none at all.
entire legislatures were "duped" into passing legislation which allows for separate billing? black helicopter alert!!!
water
SDWA and EPA do prohibit apartment owners from using an allocation method if the owner bills the tenants separately for water, unless they have a permit to operate a public water system. See: EPA memo of Dec. 16, 2003 (in the Federal Register on Dec. 23, 2003) titled, "The Applicability of the Safe Drinking Water Act to Submetered Properties." In that document EPA exempted submetered properties but not those using allocation billing. There are meters now available that can be put in a water line entering an apartment that wirelessly sends data to a central computerized tracking system. I am willing to pay for what I use in my apartment and not one drop more. The cost of any common area water usage should be factored into the rent as are any other operating expenses. The National Apartment Owners Association, the Multi-Housing Council and the National Utility Submetering and Allocation Association all know well about the EPA ruling. They submitted a formal Request to Reconsider to get EPA, I think it was in 2005, to reverse itself for not including the allocation properties in the exemption and failed. Whatever method of recovering water costs is used, it should not be deceptive. I was provided a formula that didn't apply to the property, where I live and which yielded a lower result when calculated MHP owners and their advocates failed to get MHPs using submetering included in the exemption.
Lew, it doesn't prohibit the
Lew, it doesn't prohibit the practice, it only arguably causes the landlord to be regulated. understand the difference?
some properties cannot be metered. my maintenance guy told me that there are multiple points of entry in some buildings for water. maybe yours is like that? also, my property deducts a percentage for common area usage (20% currently). should be in your lease.
Water
The SDWA and EPA don't say, an apartment owner who can't install submetering, for whatever reason, is exempted from being regulated as a public water system. I won't repeat what they do say. It is getting to be quite redundant. Did you read what AWWA said in Oct. 2004. I'm talking about the Website I provided to you. Who doesn't get it - me or you?
my point was--and now i have
my point was--and now i have to be redundant--that the sdwa doesn't state its "illegal" as you continuously argue. it arguably says they should be regulated and no one is aware of any jurisdictions which are doing so. apparently TN used to but they decided to stop in 2006. trust me, its you that doesn't get it on this angle. your lease is a way better avenue for you.
Water
Arguably should be regulated, you say. I'll bet funny, money or marbles your property is not regulated as a public water system. And, how many, not new, apartment complexes do you know of that are regulated?
no one knows of any,
no one knows of any, anywhere.
Water
I found it interesting, when I talked to the head of the EPA water office in the region that has primacy in Wyoming, to learn that in Wyoming, where EPA has jurisdiction, they don't enforce their own rules. The excuse given is that they and the states only act on reported violations from the public. The public is ignorant concerning the applicability of the SDWA to allocation water billing properties. I reported the violation and we will see what comes of it. I am not so naive as to believe my lone voice complaining is going to get results, when so much is at stake for apartment owners, third party billing services and the states with their claim of lack of resources to enforce compliance and monitor so many PWSs. Third party billing services will surely do their best to convince apartment owners to let them install submetering and continue to bill for water, only in a legal manner. Personally, I don't think submetering should be exempted unless the owner upgrades with low-flow plumbing fixtures, toilets and faucets. Then, maximum water conservation would be acheived and the billing would be fair, accurate and not deceptive. Certainly, costs would be passed on to tenants making owners happy. How do apartment owners survive and make a decent profit in the four states, MA, DE, NC and MS, that do not allow the use of RUBS? Lew
they ensure that the utility
they ensure that the utility component of their rent (and the market adjusts accordingly) is ample, and could even result in a "profit" and their tenants could conceivably leave their water faucet on for a whole month and not pay any more for water. So there is absolutely no incentive to conserve.
Water
No incentive for the tenants to conserve (except for the obvious increase in rent in the next lease contract if too much water is used) but does provide incentive for the owner to conserve. No deception is good.
The overwhelming majority of tenants are not aware they have signed a lease contract that allows the owner to bill tenants for water other than that used in their apartments until I tell them. You can say it is the tenants fault for not having the contract scrutinized by an attorney and made perfectly clear to him but, to me, it is clearly deceptive. Owners know prospective tenants do not read or understand everything in a 20 page contract designed by shrewd corporate attorneys. Consumer fraud maybe?
I would have no problem with allowing the use of allocation billing and exempting it like submetering, if owners were required to upgrade the plumbing with low-flow fixtures and faucets (government should provide incentives to upgrade) and there were decent regulations and oversight to prevent abuse. Georgia's good ole boy laws are exceptionally lenient on business owners and relies on them to do the right thing. The fox guarding the hen-house approach doesn't work - except for the fox. Lew
Water
My lease contract states I will be billed directly by the county public utility. I am not billed by the county public utility. I am billed by the third party billing service on behalf of the owner. The owner is billed by the county public utility. In the Water/Sewer section of the utility billing addemdum, it isn't marked for any service charges to apply. We are billed service charges. The contract states, the tenant will be billed for an allocable portion of common area water usage. Guess who decides what portion is allocable? Guess who refuses to disclose the billing method and precise formula (including the tenant's percentage of the total amount of water coming through a single master meter) used to calculate tenant's water/sewer bills on the property, where they live? I don't say every landlord abuses his tenants but mine does and the states leave the door wide open for other landlords to do the same. Too much regulation is bad and none at all is worse. Any business owner is permitted to make a profit as long as they abide by the law. My landlord is not abiding by the law and I know of countless others that are violating the same laws as well.
if that is the case you
if that is the case you should definitely bring this to the attention of your landlord and they should cease billing. That's a much better argument than your sdwa one.
Water
I have brought it to the attention of the property manager, even citing the laws being violated, many times over the past year. The property manager lied to me and insulted my intelligence numerous times. For instance, he assured me the water on the property was tested at the taps every 3 months by the water company. The public utiltiy water company says that is a bald faced lie. Finally, after several attempts, I got the EPA to agree that I was right and ordered the state EPD to enforce the law. EPD has a deadline of Sept. 30 to show they have taken appropriate action. My attorney officially requested billing information that would allow one to compare how much the owner paid for water/sewer and how much he charged tenants. Both of these actions had my name as complainant on them. Those actions became known by the landlord within 1 and 2 weeks before I received their notice refusing me a new lease.
The lease contract requires 60 days notice and that condition is met. Georgia is one of 8 states that has no law protecting tenants from retaliatory eviction or refusal to permit a new lease after the current one expires. The landlord needs no reason to evict. I'm looking at pursuing the landord on other charges. Maybe federal laws will apply? Lew
federal law will not apply.
federal law will not apply. the master metered bills will be discoverable in litigation but it is more likely than not that the total of the tenants' bills during a billing period won't be larger than the master metered bill. As I understand it, RUBS does not result in a profit (excluding fees which I believe are allowed in your state).
federal laws will not apply.
federal laws will not apply. but you have a good cause of action under state law based on your lease.
water/sewer billing
The difference is there is a lot of vulnerable (to contamination) underground piping in an apartment complex, which is closer to the type of system in a mobile home park than an apartment building, where the overwhelming majority of piping in the distribution system is above ground. The law (SDWA) regulates apartments differently than mobile home parks for that reason. According to the EPA, in times of drought like we now have in Georgia, more water used ends up as more wastewater returned to rivers and lakes, where there is less fresh water to dillute the contaminated water being returned. If you have an argument with the logic and reasoning behind the SDWA and the National Primary Drinking Water Regulations, you should take it to the U.S. Congress. They are the ones who wrote and enacted the SDWA in 1974. I kind of wonder too if submetered properties should be exempted and allocation using properties not if the reason is solely for the safety of water quality but it's not. Water conservation is the crux of the matter. EPA and the SDWA says if the landlord bills 25 or more tenants separately for drinking water, even if the water has been treated by a public water system, they are selling drinking water to the public and subject to regulation under the SDWA. Water from the taps in the distribution system inside the property is not tested and it's not safe to assume the water meets water quality standards. Large corporate apartment owners, third party utility billing services and their associations are well aware of the risks they have been taking since EPA ruled on this matter in Dec. 2003. They have requested EPA reconsider their decision not to include allocation using properties in the exemption and EPA refused to do so with good reason. The associations brag on their Websites of their successful lobbying to get the states to look the other way and not regulate them. It doesn't matter to them that federal law supersedes state law and what is happening is circumventing federal law, while EPA looks the other way and lets it happen. That's the way of conservatives in power and it's coming to an end soon.
highly unlikely that the epa
highly unlikely that the epa would be allowed to run rampant on the REITs on this issue. too much money involved and the EPA ruling doesn't make sense on its face. even if nader were elected.
Water/sewer bills
Hi Beverly: I'm continuing to pursue this matter consulting with attorneys who specialize in environmental law, the EPA, EPD and state and U.S. legislators. My landlord is violating the Safe Drinking Water Act (SDWA) by selling drinking water to 25 or more full time residents without a permit to operate a public water system from the Georgia EPD. They would be exempted if they used submetering but EPA has ruled that apartment owners using an allocation method of billing tenants for water does not exempt them form having to comply with the SDWA and National Primary Drinking Water Regulations. Tenants get no drinking water testing/quality reports on samples of drinking water from tenant's taps as required by the SDWA. The only testing is done by the county public utility on water outside the private property and those reports go only to their customers/the landlords. Apartment complexes like mine have a lot of vulnerable underground piping in the distribution system that can break and allow contimants to enter the drinking water supply. Our buildings were also built before the prohibition of the use of lead and copper in plumbing, which can leach dangerous levels of toxic contaminants into the water in an apartment. This is especially a problem if the water is not used or not continuously flowing through the pipes. When the water sits for periods longer than 3 hours (I was gone for 2 months) it can tase bad and have dangerous levels of toxic metals.
The only reason I signed a new lease last Nov. was to stay and fight the unfair/illlegal billing. I have the same response from most of the other tenants not wanting to get into trouble with the management. However, many of them complained after I explained how they are getting screwed. Management has lowered the bills but I still am after them because it is illegal to use their billing methods. I have invited the property manager to try to evict me and see what happens. I believe they are scared because they know I'm right and want to avoid litigation, which will ruin their gravy train to the bank. If you are in Georgia and want my Atlanta attorney's name, send me personal e-mail off list.
On this comment lew, is this
On this comment lew, is this really the "sale" of water? the ga code that allows for utility billing doesn't term it that way. as i understand it, your owner gets a bill, pays it, then allocates amounts to be reimbursed by tenants pursuant to the terms of the lease. someone from another complex can't come over and "buy" water from your owner. also, if your utilities are billed as a component of rent, wouldn't that be a "sale" by your definition as well?
water/sewer billing
If you are referring to O.C.G.A. 12-5-180.1, it was enacted in 2000 and at the end included a sentence that excluded landlords, using either submetering or allocation billing methods, from being considered operators of public water systems. Two years later, 2002, Georgia EPD got the word that the code was not consistent with the federal SDWA. So, the inconsistant wording was deleted but EPD has not changed their enforcement policy one iota (is this lobbyist influence??) According to EPA and the SDWA, if a landlord bills separately for water he is selling. In this case it is re-selling through a third party utility billing service. In my case, the water is not submetered at each unit (so not exempted from being a public water system) and instead is allocated with an "arbitrary formula." Georgia has its own SDWA and it cannot be more lenient than the federal one. The federal one clearly states if the person is selling water, then he is not excluded from being considered the operator of a public water system. In this case, the landlord is operating a small (serving less than 3,000) consecutive (its water comes from a bigger public water system) community water system (public water system). If water is billed as a separate component of the rent, it is selling. There are two main things that are not being done in my case. One is being fairly billed for what I use only. The other is the method of billing does not result in water conservation, no matter what crap an apartment owners advocate might say about studies that back them up as conserving water with allocation methods. Ain't so. EPA is not satisfied it is so and the most comprehensive, unbiased and reliable study that was ever done (by Aquacraft 2004 and EPA participated) proves my and EPA's point. No, someone from outside the complex can't come and buy water from my complex. However, someone from outside the complex could come and take water free and I and the rest of the tenants would have to pay for it. Just like my landlord violates the outdoor water use ban/restrictions and the tenants get screwed paying for the illegally used water in the spinkler system. That is one of many examples of how unfair this billing method is to the tenants. How about the landlord has the swimming pool drained for resurfacing and refills it with 35 gallons of water that I suspect went on our bills. The landlord refuses to disclose bills that would allow one to determine if that actually happened nor does he disclose detailed information that would allow one to determine if he is complying with the aforementioned code that says he can't charge more for the water/sewer than he pays the public utility plus a reasonable service fee. Refusal leaves plenty of room for the appearance of impropriety. The bills will come to light but not with the cooperation of the landlord. Keep the questions coming. I like to answer them to the best of my ability. Thanks for your comment. If I am wrong, I want to be informed of what I am wrong about.
so there is no requirement
so there is no requirement state or federal (outside of your preference) for being billed for actual use. also, the study you reference is biased, but its biased in a way you like. someone could "take" water? That's theft.
water/sewer billing
The study I cite is the one EPA believes. And, yes, I do think it suits my purpose.
because the epa participated
because the epa participated in the study.
aimco and ista water bills
Unfortunatly i live in ohio where i am in an ocean of sharks alone, no help here. i found out aimco sold timber ridge, the apartment complex i lived at previously.I contacted the U.S dept of energy this morning and have also requested the master bills from aimco property so as to prove consumption. I am not sure if I mentioned my daughters room was found to be a fire hazard, the meters have no electrical inpection history by the prper authority (per building ibnspector) amnd the landlord who lived next store insisted on harrassing mne with constant pet notioces but only after the billing issue arose.I also hopped onto apartment ratings.com this mormning and wsaw they are doing the same thing to another tenant. gave an evition notice after they requested the ista bills. log on to apartment ratings look foor timber ridge 45241. I do not have the money for a lawyer and have been playing my own advocate which can get dangerous when dealing with large companies. NOT sure if you recieved my first email so I am resending. I cannot find the regulations of rubs in ohio law. If youre lawyer has any connections in ohio or any legal advice that can be passed on I would greatly appreciate it. I am a college student working as a waitess and raising an 11 yr old child. money and time are both hard to come by. any help appreciated. thanks
Illegal apartment water/sewer bills
Bev: Also, I'm not sure about Ohio but if you have a Public Utilities Commission, they might regulate drinking water. If so, contact them with your complaint. Ohio probably has a consumer complaint agency, who might be able to help with your landlord's unfair business practices. Later, amiga. Lew
ista/water/puco
Duke energy has no regulation over them, also. neighbors are to afraid tio make a fuss. called the iteam again and already notified the consumer council, called the fbi,weights and measures,the governers office, the epa,HUD and any other official you can think of. Still waiting to hear back frommthe dept of energy. I do believe the epa tests the water but I do not understand the reports. A lawyer wont listen because I do not have the cash and the laws on this are pretty non existant. they also turned the heat off last winter withou telling me, it was already freezing in my apt i didnt know the difference. Have the space heater they eventually dropped off which is a fire hazard in itself. There is so much to this story and I know I am in the right. I will do everything in my power to get justice, what they are doing is wrong, and I am so frustrated that now they are doiung it to someone else. Had someone listened someone else would not be sufferriong the way I did. I do not know how to get to you my email wihout posting it publicly. Help me do that because I would really love to talk to you in more detail. At this pointy, even in another state I believe you can help me more than anyone else can.
Thanks ,
Bev
Landlord's unfair water/sewer billing
Hi Bev: My e-mail: punkynlew [at] hotmail [dot] com . Any tenant, who believes his/her landlord is violating the Safe Drinking Water Act should file a written, dated and signed letter of complaint to EPA Chief of Drinking Water Section of the appropriate regional EPA office and the equivalent office of the state environmental protection agency. Later, amiga. Lew
Landlord abusing tenants with illegal water/sewer billing
Bev: Use the info I've offered and try to get the interest of lawyers who specialize in environmental law (landlord/tenant lawyers don't have a clue about this) and peak their interest with a possible class action lawsuit, which is a way for them to make money if they win a contingency case that doesn't cost you anything. Trick is to make sure there are lots of other tenants who suffered the same wrong by the same person/entity, so the total loss and punitive damages will be sufficiently high to interest the lawyers. In my case, I'm going after all 6 of the landlords properties in Georgia, so it involves a lot more damages than just to me or even one complex.
What I'm talking about is violation of the U.S. Safe Drinking Water Act and the "Applicability of the Safe Drinking Water Act to submetered properties" (in this case the problem is with properties that don't submeter but bill tenants separately from the rent for water/sewer). The part in quotes is the title of an EPA memo/ruling that can be searched for online using the title as key words. If you need documents supporting what I say for lawyers, give me your e-mail address and I will send attached files detailing the applicable laws. Yesterday, I asked the property manager, "Who does water quality testing from taps inside the apartment complex?" He outright lied to me saying, "The water company comes out and tests every 3 months." I said, "OK, so where are the consumer confidence reports you are supposed to get from the public utility and that you are supposed to provide to the tenants annually?" He clammed up, talked about how "Your lawyers should talk to our lawyers" and got so nervous, I could almost smell the fear oozing from his pores. I called the top dog at the county water resources division, which is the public utility/water system that provides treated water to the master meter, where it enters the complex and was told they absolutely do not test the water inside the private property of apartment complexes but acknowledged it is required of the landlord, who we pay for the water/sewer. I am so furious, I could defecate a brick, called the lawyer and gave him more ammunition for the case. Later, amiga. Lew
Apartment owners selling water to public w/out a permit
Has anyone ever tried contesting apartment owners using Ratio Allocation Billing Systems (RUBS) and third party billing services for illegally selling drinking water to the public because they bill tenants separately for water without submetering? My research indicates that it is a violation of the Safe Drinking Water Act (SDWA) Section 1411 and an EPA memorandum/ruling on the subject in Dec. 2003. I live in Georgia, where the the Environmental Protection Division (EPD) has primacy and is failing to enforce the law. No other state agency regulates apartment owners or the sale of water, not even the Public Service Commission. There is absolutely no oversight. So far, my lawyers like the case and are still researching it and hope to file a class action lawsuit on a contingency basis. The law firm specializes in environmentsl law and the lead attorney used to work for the EPA. A current EPA attorney told me I was right. The head of the EPA Region IV water office in Atlanta said I was right, until he found out a few days later that I was intending to file a complaint against all my landlord's 77 apartment complexes in 10 states, which caused him to choke and got his sphincter puckered up.
In 2000, Georgia passed a law, OGCA 12-5-180.1, making it legal for apartment owners to bill tenants separately for water/sewer using either submetering or RUBS and not be considered to be operating a public water system. Two years later, in 2002, Georgia deleted the language that said apartment owners using such billing methods wouldn't be considered public water systems, in order to comply with the superceding federal code and the SDWA. However, the Georgia EPD never changed their enforcement policy one iota.
I and all the other tenants where I live are infuriated by the deceptive tactics of the landlord and the doubling of water/sewer bills in a year since the new owner took over the property and contracted with National Water and Power as the third party billing service. Tenants in one bedroom apartments are paying far in excess of single family home owners in the area and some families in a two bedroom unit are paying over $100/month. The landlord is abusing the tenants with common area water usage, like filling the swimming pool with 35,000 gallons of water and illegally using the sprinkler system for 22 days during a ban on outdoor water usage and billing tenants for it. I reported the water ban violation and got their irrigation line shut off and locked during our level 4 drought condition. If I am successful with the lawsuit against the landlord's six Georgia properties, all of which do the same thing and use unfair business practices, it will set a precedent and lawsuits will surely follow all over the country.
I am also working on stopping the landlord from playing big brother and controlling who we can get other utilities from, like contracting for natural gas as a sole provider on the property, while making an additional profit at the expense of the tenants. Comments are welcome. Highly POed
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