Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris)
SYNOPSIS
Requires minimum water usage charge to be applied per dwelling unit in multi-family dwelling.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning water usage charges in multi-family dwellings and amending R.S.40:62-141 and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:62-141 is amended to read as follows:
40:62-141. The owner of any house, tenement, building or lot shall be liable for the payment of the price or rent as fixed by the commission for the use of water by such owner or by the occupier, and for the installation, purchase price, repair and testing of any water meter or water meters, water service, water services, connections, appliances or parts, and renewals thereof furnished or made by the commission, in, upon or connecting with such house, tenement, building or lot , and the interest and penalties charged. Any minimum charge for water use shall be applied per dwelling unit of a multi-family dwelling, pursuant to section 2 of P.L. , c. (C ) (pending before the Legislature as this bill).
The price or rent so fixed, and the other costs, expenses, interest and penalties shall be a lien upon such house, tenement, building or lot until the same shall be paid and satisfied, and shall be enforceable by an action at law in any competent court.
The commission shall notify the officers or board having charge of the collection of taxes in each municipality in which the commission shall supply water to any of the inhabitants of such municipality, that the commission is supplying water to such inhabitants, and requesting said officials or board to notify all persons applying for a certificate showing municipal or other liens against property in such municipality, that the applicant must apply to the commission to ascertain the amount of water rents or other charges due to the commission, which are by law made a lien upon the premises covered by the certificate.
The commission may require payment in advance for the use or rent of water furnished by it and for any work to be done or materials to be furnished.
(cf: R.S.40:62-141)
2. (New section) a. For a multi-family dwelling, any minimum charge for water use, paid for by a tenant or owner to a water company, shall be applied per dwelling unit.
b. As used in this section:
"Dwelling unit" means an individual residential unit in a multi-family dwelling.
"Minimum charge" means the cost or set rate for a certain amount of gallons of water, as determined by a water company.
"Multi-family dwelling" means any building or structure or complex of buildings or structures in which two or more dwelling units are rented or leased or offered for rental or lease for residential purposes except hotels, motels or other guesthouses serving transient or seasonal guests as those terms are defined in section 3 of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-3).
"Owner" means the legal titleholder of a multi-family dwelling, including any individual, corporation, company, partnership, firm, association or other business concern that purports to be the landlord of tenants in the multi-family dwelling.
"Tenant" means a person or persons who is entitled to occupy a dwelling unit to the exclusion of others and who is obligated to pay for the occupancy under a written or oral rental agreement.
"Water company" means a public utility, as that term is defined by R.S.48:2-13, or a municipally-operated utility, which is regulated by the Board of Public Utilities, and which public or municipally-operated utility is engaged in the sale and supply of water to consumers in the State; or a nonpublicly-owned, nonprofit water company.
3. This act shall take effect on the 60th day after the date of enactment.
STATEMENT
This bill would require the minimum water usage charge to be applied per dwelling unit in a multi-family dwelling, rather than per building.
Any minimum charge for water use, paid for by a tenant or owner to a water company, would be applied to each individual residential unit in a multi-family dwelling. As defined in the bill, a "minimum charge" means the cost or set rate for a certain amount of gallons of water, as determined by a water company.