Landlord Didn't Install Water Meter on Time
LVT Number: #20661
The New York City Water Board imposed a water surcharge on landlord for failing to either install a water meter or request the installation of a water meter by June 30, 2000. The Water Board also later added the water surcharge to landlord's wastewater (sewage) charges. Landlord filed an Article 78 petition challenging the Water Board's actions. The court ruled for landlord. The Water Board appealed.
The appeals court ruled for the Water Board in part. Water surcharges shouldn't have been added to landlord's wastewater charges. But the Water Board correctly imposed a water surcharge for landlord's failure to comply with the water meter installation deadline. Landlord didn't install any water meter before June 30, 2000, and never submitted a request for meter installation. Although there was a work order for the installation, it was cancelled in 1999 due to the poor condition of the plumbing system. There was no proof that the Water Board failed to notify landlord that the work order was cancelled.
Lijo v. NYC Water Board: NYLJ, 8/25/08, p. 26, col. 6 (App. Div. 2 Dept.; Spolzino, JP, Covello, Dickerson, Eng, JJ)