WATER DEPARTMENT
LANDLORDS - PLEASE READ . . . ACT 274 HAS CHANGED THE RULES
The statute requires utilities to notify landlords of tenant delinquencies ONLY if the landlord requests notification in writing. Click here for the form for you to make this request to our office in writing.
You are now REQUIRED to notify the utility in writing of the name and address of the tenant who is responsible for payment of the utility charges.
The City is now REQUIRED to serve you notice of any past-due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due; which we typically do the week following the bill due date.
If within 21 days of a tenant vacating the rental unit, the Owner provides the Utility with WRITTEN notice that contains the forwarding address for the tenant and the date that the tenant vacated the premises, then the Utility MUST continue to send past-due notices to the tenant customer at the forwarding address until the past-due charges are paid or until the tax roll process has begun.
A pre-tax notice will be issued with past due balance as of October 15th. This will include TENANT LIEN language; if you have entered into a written agreement with the UTILITY, you may utilize this process.
A lien will then be placed on his/her personal assets 66.0809(3m)(a) and if landlord pays bill, then the lien will be transferred to the landlord. 66.0809(3m)(b)
On or before December 16th a list of liens will be delivered to the local County Court. The Landlord has until April 15th to file his/her lien with the Court and have it appear on CCAP.
Residential Tenant Customers Who Move
If a residential or non-residential tenant vacates a premises, the utility must provide the property owner notice. The owner has 15 days to respond to the Utility before the billing be defaulted to the property owners name.
DEFERRED PAYMENT AGREEMENTS (DPA) with tenants:
" If the customer is on a DPA - they are NOT delinquent
" DPA agreements cannot be transferred to the tax roll/lien process
" A DPA requires a "sizeable" down payment and installment payments until the debt is satisfied
" Customers MUST pay current bills in full plus the installment payment or the DPA is in "default"
" A DPA that is defaulted on voids the DPA - utility does not have to agree to another DPA for the SAME debt.
The City has been granted an amendment to the City Tariff. The Utility will not offer a deferred payment agreement to a residential customer who is a tenant if any of the following criteria applies:
1. The residential tenant has greater than $100 of account arrearages that are more than 90 days past due for utilities that bill monthly.
2. The tenant has defaulted on deferred payment agreement in the past 12 months. This criterion only applies to deferred payment agreements and not to other types of payment extension agreements.
3. The residential tenant is responsible for account arrearages that were placed on any property owner's tax bill in the utility's service territory in the past 24 months.
4. The residential tenant has a balance that accrued during the winter moratorium that is more than 80 days past due.