Section 21-430. DETERMINATION OF PRACTICABILITY

 

430.1WASA may decide to continue water and sewer service to any mastermetered residential, rental apartment building despite the nonpayment of a delinquent account by the owner, if the General Manager determines that it is practicable for the tenants to assume prospective financial responsibility for water and sewer services by receiving the service in their own names, either individually or collectively, on the same terms as any other customer and without any liability for the amount due while service was billed directly to the owner.

 

430.2In order to qualify as a tenant group or association, the group or tenant association shall provide documentation that the following requirements have been met:

 

(a)It is appointed as the authorized agent for each tenant;

 

(b)Have capital reserves equal to the estimated quarterly water and sewer service charges for the premises;

 

(c)It is authorized to collect water and sewer charges from each tenant and to pay the charges;

 

(d)Have a written agreement specifying the fair and equitable apportionment of the water bill to each tenant, and the tenant's agreement to pay his or her portion of the bill to the tenant group or association in a timely manner;

 

(e)Maintain its records and a system of accounts in a manner consistent with generally accepted accounting principles;

 

(f)Agree to make its financial records available for inspection by the tenant; and

 

(g)Obtain a bond to guarantee the integrity of its financial transactions.

 

430.3The General Manager may find that it is practicable to meter each apartment on the premises if the following requirements are met:

 

(a)The owner of the premises agrees in writing to install individual meters for each unit on the premises at the owner's expense and risk;

 

(b)The owner agrees in writing to complete the installation within sixty (60) days of the date of the written agreement; and

 

(c)Each tenant agrees in writing to establish an individual account in his or her name.

 

430.4The General Manager may permit tenants to assume prospective financial responsibility for water and sewer service charges if there exists a tenant group or association that is willing and able to accept responsibility for collecting water and sewer bill payments from each tenant at the premises, and of paying each bill when it becomes due.

 

430.5The General Manager shall prepare a finding of practicability which contains the following information:

 

(a)The address of the premises;

 

(b)The name of the owner;

 

(c)The number of units;

 

(d)A determination of whether it is feasible to meter each unit on the premises, pursuant to the provisions of § 430.3 of this chapter;

 

(e)If individual metering is not feasible, whether a tenant group or association exists which meets the requirements of § 430.2, and that the requirements of this chapter have been met; and

 

(f)Any other information pertaining to the premises and its service which may have a bearing on the General Manager's decision on practicability.

 

source

Final Rulemaking published at 40 DCR 1300, 1325 (February 12, 1993); as amended by Final Rulemaking published at 46 DCR 5358 (June 18, 1999).