Under a law that first went into effect March 2005,16 property owners can now require tenants to pay for the water they consume in their apartment units provided several conditions are met:
- Individual meters have been installed, by a licensed plumber, in each unit where the tenants will be required to pay for the water.
- Low-flow showerheads and toilets have been installed.
- The tenant is a new tenant. Existing tenants (tenants who were living in the unit as of March 15, 2005) are not considered new tenants even if they renew a lease after that date and cannot be required to pay for water.
- Property owners enter into a written agreement, signed by both the tenant and owner that clearly states the tenant is responsible for the water bills, and what the billing arrangements are.
An owner must meet all of these requirements.
PRACTICAL TIP
In most areas of the state, water is provided by the local city or town. These municipal water departments are not regulated by the state as to their prices, terms, or conditions. However, in areas where water is provided by privately owned companies, those companies are subject to the DPU’s Billing and Termination Regulations. See 220 C.M.R. § 25.01(1), which defines the entities that are covered by the Billing and Termination rules.
16 M.G.L. ch. 186, § 22.