Sorry to jump in from outside – just wanted to alert you that I believe I’ve seen cases that address this issue in a not too comfortable way for municipalities.  I’ll see if I can find a cite for you, but the gist is tenant tries to get water turned on, but prior tenant had outstanding bill, city refuses to turn on water – Section 1983 suit follows and city loses.  Similar outcome when owner has refused to pay prior tenant’s outstanding bill as I recall.  Some advocacy groups are all over this and you’re likely to have one of them jump in and fund an action challenging refusal to serve.  Not sure political will to require landlords to pay utilities, but that’s something a security deposit could handle or an ordinance making landlord jointly liable and prohibiting rental of property with outstanding utility bill would at least divert some of the optics of having a usually poor person not get water because somebody else didn’t pay a bill. Still have the optics of people not being able to rent a place, but at least blame can be diverted to landlords who are generally not high up on the chain of most popular.  I’ll see if I can’t get you some cites.

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Charles W. Thompson, Jr.
Executive Director/General Counsel
International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850
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From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Tuesday, April 7, 2020 10:39 AM
To: MICHAEL WARWICK warwickmp@aol.com; OAMA luistserv OAMA@lists.imla.org
Subject: Re: [Oama] Water Bills - Property Owners

I don’t know that we would sue to recover a water bill.  We would just not turn water on at that property until it is paid.

On Apr 6, 2020, at 6:47 PM, MICHAEL WARWICK <warwickmp@aol.commailto:warwickmp@aol.com> wrote:
I had a local Judge deny enforcement despite an ordinance without a contract
Sent from my iPhone

On Apr 6, 2020, at 3:54 PM, Kimberlee Spady <Kim@spadylaw.commailto:Kim@spadylaw.com> wrote:

No, as far as I know the property owner isn’t required to sign an agreement when the tenant signs up for water service.

The language of the ordinance is very clear, though.

Thank you,
Kim Spady

From: Michael Warwick <warwickmp@aol.commailto:warwickmp@aol.com>
Sent: Monday, April 06, 2020 9:35 AM
To: Kim@spadylaw.commailto:Kim@spadylaw.com
Subject: Re: [Oama] Water Bills - Property Owners

Do you require a non occupying owner to sign the application for service?
MIKE WARWICK OBA #9377
MICHAEL P WARWICK INC.
400 N BROADWAY, PO BOX 1211
405-273-1554 (O) 405-395-4650 (F)

This communication, and any documents attached thereto, are covered by the Electronics Communications Privacy Act, and are protected by the Attorney/Client and/or Attorney Work Product Privilege. This communication is intended only for the use of the intended recipient. If you are not the intended recipient,you are hereby notified that any reading, disclosure, copying, distribution, or action regarding the communication is prohibited. If you have received this communication in error, please notify the sender and delete the communication and attached documents, if any.

-----Original Message-----
From: Kimberlee Spady <Kim@spadylaw.commailto:Kim@spadylaw.com>
To: oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Fri, Apr 3, 2020 12:40 pm
Subject: [Oama] Water Bills - Property Owners
Municipality’s ordinance provides that the property owner is jointly & severally liable with any tenant or occupier of property for the payment of all water and sewer charges.  The town has never sued the property owner for unpaid water/sewer bills (as far as I know) but the water will not be restored to the property until all past-due accounts are brought current.

Do you see any issue with this?

Thanks
Kim Spady

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Thank you for chiming in, Chuck.

The municipality does have an ordinance that makes LL and T jointly and severally liable for the utility bills and authorizes the municipality to file a lien on the property.  As far as I know, municipality has never filed a lawsuit to recover the past due amounts from the property owner, but has taken the position that water will not be turned on at a property where there is a past due bill, regardless of whose name is on the past due account.

I am doing a quick survey of the issue via Westlaw and am not finding any decisions that go against the municipality under these facts.

Thanks for any additional insight you can provide.

Kim Spady

From: Chuck Thompson <cthompson@imla.org mailto:cthompson@imla.org >
Sent: Tuesday, April 07, 2020 10:59 AM
To: Kimberlee Spady <Kim@spadylaw.com mailto:Kim@spadylaw.com >; MICHAEL WARWICK <warwickmp@aol.com mailto:warwickmp@aol.com >; OAMA luistserv <OAMA@lists.imla.org mailto:OAMA@lists.imla.org >
Subject: RE: [Oama] Water Bills - Property Owners

Sorry to jump in from outside – just wanted to alert you that I believe I’ve seen cases that address this issue in a not too comfortable way for municipalities.  I’ll see if I can find a cite for you, but the gist is tenant tries to get water turned on, but prior tenant had outstanding bill, city refuses to turn on water – Section 1983 suit follows and city loses.  Similar outcome when owner has refused to pay prior tenant’s outstanding bill as I recall.  Some advocacy groups are all over this and you’re likely to have one of them jump in and fund an action challenging refusal to serve.  Not sure political will to require landlords to pay utilities, but that’s something a security deposit could handle or an ordinance making landlord jointly liable and prohibiting rental of property with outstanding utility bill would at least divert some of the optics of having a usually poor person not get water because somebody else didn’t pay a bill. Still have the optics of people not being able to rent a place, but at least blame can be diverted to landlords who are generally not high up on the chain of most popular.  I’ll see if I can’t get you some cites.

Charles W. Thompson, Jr.
Executive Director/General Counsel

International Municipal Lawyers Association, Inc.

A 51 Monroe St., Suite 404, Rockville, MD 20850

http://www.facebook.com/IMLA-259977855541/    http://www.linkedin.com/company/international-municipal-lawyers-association-inc./    http://twitter.com/imlalegal    http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7110      M (240) 876-6790

D (202) 742-1016

W  http://www.imla.org/ www.imla.org