Water Board Can Back Bill Landlord

January 1, 2001

LVT Number: 14689

The New York City Water Board sent landlord a bill for $60,000, covering a period of four years, after it realized that it had been sending bills to the wrong address. Landlord objected, claiming that there was a two-year time limit on back billing. The Water Board ruled that landlord wasn't entitled to the two-year back-billing limit for unbilled water and sewer services. The Water Board's rules provided an exception in cases where bills had been sent to an improper address. Landlord appealed, claiming that the Water Board acted outside its authority.

The New York City Water Board sent landlord a bill for $60,000, covering a period of four years, after it realized that it had been sending bills to the wrong address. Landlord objected, claiming that there was a two-year time limit on back billing. The Water Board ruled that landlord wasn't entitled to the two-year back-billing limit for unbilled water and sewer services. The Water Board's rules provided an exception in cases where bills had been sent to an improper address. Landlord appealed, claiming that the Water Board acted outside its authority. The court and appeals court ruled against landlord. The Water Board's rules weren't arbitrary. Also, landlord wasn't a residential customer, which was another reason it wasn't entitled to the two-year back-billing limit.

Perry Thompson Third Co. v. City of New York: NYLJ, 12/22/00, p. 25, col. 3 (App. Div.1 Dept.; Nardelli, JP, Ellerin, Wallach, Saxe, Buckley, JJ)

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