Wave Maker: King of One's Castle

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Wednesday, May 04, 2005

King of One's Castle

The guys from New Hampshire are always kicking Massachusetts' reputation for socialism. So is the rest of the country, but since the Boston Globe is practically the paper of record for the south counties there, the denizens of Rockingham are reminded of our liberalism on a daily basis.

Well I have some crow for them to nibble, because the Massachusetts General Court actually passed a law that was pushed by the rental housing property owners!! That's right, folks. The legislature supported landlords.

From now on, landlords will be permitted to actually charge tenants for their water usage.

(pausing for effect)

It is understandable that most people would not realize that, before this moment, they were not allowed to. But that shouldn't surprise you.

Prior to the passage of this law, residential rental property owners were not permitted to separately meter their apartments, not to charge their tenants separately for water usage. The landlord was required to be the customer of the water company, and was not allowed to demand reimbursement from tenants. Water came with the apartment. Just one of the many radically pro-tenant laws here in Massachusetts.

What a sweet victory, huh?!?

Lest we savor this victory too quickly, allow me to bring you crashing back to earth.

First of all, victories like this are not easy, and they do not come without sacrifices. It took the rental housing owners seventeen years to get this bill passed.

Seventeen years.

What's more, here are the list of limitations and conditions that very nearly snatch defeat from the jaws of victory. Here are a few:

Existing tenants are exempt, even tenants at will. Not until a physical change of occupancy occurs can a unit be separately metered and billed.
Water charges must be included in a written lease. No lease, no water charges.
The meters cannot be installed until all water outlets are (a) installed with "water conservation devices" (meeting maximum flow rate limits) and (b) certified by the local board of health.
All installations must be performed and certified by licensed plummers (at the owners' expense).
The landlord must remain the utility customer and separately bill each tenant. If the tenant doesn't pay, the landlord has to hassle with eviction remedies.

Hardly seems worth the seventeen years of effort and expense, but here in the newly pro-landlord Commonwealth of Masaachusetts, we take our victories as we can get 'em!

Posted by: Wave Maker / 2:08 PM/ |