NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5819
SPONSOR: Weprin (MS) TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to the tolling of charges imposed by meter for residential use
of the water supply when such charges are disputed
PURPOSE OR GENERAL IDEA OF BILL:
This legislation is intended to assist consumers in New York City when
they are facing a dispute over the metering of their residential water
use It essentially states that such charges be held in abeyance pending
final adjudication., Furthermore such charges shall not be attached as a
lien against such property until the dispute has reached final adjudi-
cation on the merits. Such charges, if disputed shall not accrue inter-
est until such final adjudication.
SUMMARY OF SPECIFIC PROVISIONS:
This bill adds a new section to the NYC administrative code 23-340
Charges tolled timing appeals. Whenever a person shall dispute the
charge imposed by the metering of such individual's residential use of
the water supply, or whenever such person disputes the actual amount of
water used as measured by meter, the charges imposed by such meter shall
be held in abeyance pending final adjudication. Furthermore such charg-
es shall not be attached as a lien against such property until the
dispute has reached final adjudication on the merits. Such charges, if
disputed shall not accrue interest until such final adjudication.
JUSTIFICATION:
For most New Yorkers, paying the bills is a routine chore, an unpleasant
but necessary task to keep the water running and the lights on. New York
City's exclusive water provider, the Department of Environmental
Protection (DEP), plays a key role in this routine and has sought to
improve billing accuracy. by installing more than 600,000 new automated
readers in all City homes and businesses., But a comprehensive study by
Public Advocate Bill de Blasio, sparked by complaints from 145 home and
business owners, shows these new transmitters can result in inaccurate
readings that overcharge residents-sometimes by tens of thousands of
dollars. Worst of all, red tape puts home and business owners on the
hook for paying these unwarranted charges,' and often force them into
paying money they don't owe with threats of late charges and liens, on
their property. With a few simple solutions, .the City can ensure New
Yorkers don't foot the costly bill for the new meter readers' technical
problems and have a fair process to appeal when a mistake has been made.
PRIOR LEGISLATIVE HISTORY:
02/06/17 referred to cities
03/22/17 reported referred to codes
04/04/17 reported referred to ways and means
01/03/18 referred to ways and means
FISCAL IMPLICATIONS:
none to state
EFFECTIVE DATE:
immediately
STATE OF NEW YORK
________________________________________________________________________
5819
2023-2024 Regular Sessions
IN ASSEMBLY
March 23, 2023
___________
Introduced by M. of A. WEPRIN, ZEBROWSKI, COLTON, COOK -- Multi-Spon-
sored by -- M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Cities
AN ACT to amend the administrative code of the city of New York, in
relation to the tolling of charges imposed by meter for residential
use of the water supply when such charges are disputed
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 24-340 to read as follows:
3 § 24-340 Charges tolled during appeals. Whenever a person shall
4 dispute the charge imposed by the metering of such individual's residen-
5 tial use of the water supply, or whenever such person disputes the actu-
6 al amount of water used as measured by meter, the disputed charges
7 imposed by such meter shall be held in abeyance pending final adjudi-
8 cation on the merits, including the exhaustion of administrative
9 appeals, by the department. Such charges shall not be attached as a lien
10 against such individual's residence unless and until the dispute has
11 reached a final adjudication on the merits, including the exhaustion of
12 administrative appeals, by the department. Such charges, if disputed,
13 shall not accrue late payment charges until thirty days after such final
14 adjudication.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02226-01-3
