Landlord Responsible for Unbilled Charges

January 1, 2003

LVT Number: 16357

DEP sent landlord a bill for outstanding water charges. Landlord objected to the bill and started a court case to challenge it. Landlord claimed that DEP's action was unreasonable because DEP didn't bill landlord annually for the water charges and so landlord wasn't obliged to pay. The court ruled against landlord. Landlord appealed and lost. Landlord improperly raised its claim for the first time in the court case. And, in any event, there was no proof that the charges weren't posted previously to the records of either DEP, the Water Board, or the Department of Finance.

DEP sent landlord a bill for outstanding water charges. Landlord objected to the bill and started a court case to challenge it. Landlord claimed that DEP's action was unreasonable because DEP didn't bill landlord annually for the water charges and so landlord wasn't obliged to pay. The court ruled against landlord. Landlord appealed and lost. Landlord improperly raised its claim for the first time in the court case. And, in any event, there was no proof that the charges weren't posted previously to the records of either DEP, the Water Board, or the Department of Finance.

Bluebird Realty Corp. v. DEP: NYLJ, 12/5/02, p. 19, col. 1 (App. Div.1 Dept.; Williams, PJ, Nardelli, Ellerin, Rubin, Marlow, JJ)

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