Landlord Bill Based on Estimated Reading

March 1, 2002

LVT Number: 15688

Landlord applied to the NYC Water Board for a reduction of water consumption charges for a period when it was billed for estimated, rather than actual, use. The Water Board ruled against landlord. Landlord appealed, claiming that the decision was unreasonable. The court and appeals court ruled against landlord. During a two and one-half year period when landlord's meters didn't give accurate readings, it was reasonable for the Water Board to bill landlord for estimated use based on average daily water flow to other similar buildings.

Landlord applied to the NYC Water Board for a reduction of water consumption charges for a period when it was billed for estimated, rather than actual, use. The Water Board ruled against landlord. Landlord appealed, claiming that the decision was unreasonable. The court and appeals court ruled against landlord. During a two and one-half year period when landlord's meters didn't give accurate readings, it was reasonable for the Water Board to bill landlord for estimated use based on average daily water flow to other similar buildings.

Mid-City Assocs. v. NYC Water Board: NYLJ, 2/4/02, p. 18, col. 6 (App. Div.1 Dept.; Tom, JP, Sullivan, Rosenberger, Wallach, Buckley, JJ)

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