Section 10.14 Improper Water Revenue Bond Passthrough

(Effective July 20, 2005)

(a) Within one year of the effective date of a water revenue bond passthrough, a tenant may petition for an arbitration hearing on the following grounds;

(1) The landlord has not properly calculated the passthrough;

(2) The passthrough is calculated using an incorrect unit count;

(3) The landlord failed to provide a clear written explanation of the charges and the calculation of the passthrough;

(4) The unit is not in compliance with applicable laws requiring water conservation devices;

(5) The tenant requested a copy of the applicable water bill(s) and the landlord has not provided them;

(6) The tenancy began during or after the billing period(s) included in the passthrough calculation;

(7) The landlord failed to discontinue the passthrough after it was fully paid.

(b) The landlord shall have the burden of proving the accuracy of the calculation that is the basis of the water revenue bond passthrough, and that the unit is in compliance with applicable laws requiring water conservation devices.

(c) A petition based on this section shall be accompanied by the notice of the water revenue bond passthrough.