DEP Surcharge Invalid

January 1, 2005

LVT Number: 17847

DEP billed landlords a surcharge for not timely installing water meters. Landlords had applied to DEP for installation. DEP never followed up, so landlords had their own plumbers complete the installations. Landlords challenged the surcharges. The water board ruled against them, stating that when landlords chose to install water meters themselves, they were subject to an installation deadline that had passed. Landlords appealed and won. DEP had agreed to install the meters and advised landlords that timely requesting the installation would prevent surcharges.

DEP billed landlords a surcharge for not timely installing water meters. Landlords had applied to DEP for installation. DEP never followed up, so landlords had their own plumbers complete the installations. Landlords challenged the surcharges. The water board ruled against them, stating that when landlords chose to install water meters themselves, they were subject to an installation deadline that had passed. Landlords appealed and won. DEP had agreed to install the meters and advised landlords that timely requesting the installation would prevent surcharges. Since landlords' requests to DEP were timely, there was no reason to impose surcharges on them.

2222 Management Corp. v. DEP: NYLJ, 12/29/04, p. 20, col. 3 (Sup. Ct. Kings; Kramer, J)

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