Court Upholds Surcharge for Not Installing Water Meter

April 1, 2005

LVT Number: 18034

The New York City Water Board imposed a surcharge on water and sewer service to landlord's buildings because landlord hadn't installed water meters or asked the city to do so by the required deadline. Landlord appealed the ruling. Landlord claimed that the surcharge didn't promote water conservation, which was its stated purpose. Landlord also claimed that the surcharge was excessive. The court and appeals court ruled against landlord. The water meter installation is a necessary first step to conversion to all-metered billing, which will save water.

The New York City Water Board imposed a surcharge on water and sewer service to landlord's buildings because landlord hadn't installed water meters or asked the city to do so by the required deadline. Landlord appealed the ruling. Landlord claimed that the surcharge didn't promote water conservation, which was its stated purpose. Landlord also claimed that the surcharge was excessive. The court and appeals court ruled against landlord. The water meter installation is a necessary first step to conversion to all-metered billing, which will save water. The amount of the surcharge was 100 percent of the last annual frontage charge prorated over the period that the buildings remained without meters after the deadline. The court found that this was fair.

77 Realty LLC v. N.Y.C. Water Board: NYLJ, 3/24/05, p. 24, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Marlow, Ellerin, Gonzalez, Sweeny, JJ)

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