Chapter 23. Water and Sewer Services Amnesty Program, Receivership Provision, and Administrative Review.
For the purposes of this chapter, the term:
(1) "Owner" means any individual, corporation, association, or partnership listed as the legal title holder of record.
(2) "Rental property" means any real property consisting of 1 or more units that is leased or subleased to a person with the consent of the owner or the owner's agent, in consideration for rental payment.
(3) "Tenant" means any person who holds or possesses a habitation in subordination to the title of the owner of the premises in which the habitation is located, with the consent of the owner.
(May 18, 1954, ch. 218, title XVIII, § 1801, as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1651.
Legislative History of Laws
Law 8-136, the "District of Columbia Water and Sewer Operations Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-269, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on March 27, 1990, and April 10, 1990, respectively. Signed by the Mayor on April 17, 1990, it was assigned Act No. 8-192 and transmitted to both Houses of Congress for its review.
(a) There is established an amnesty program for any person liable for delinquent water and sanitary sewer services. The amnesty program shall permit the person to pay the full amount of outstanding charges for water and sanitary sewer services, without the imposition of any interest or fine otherwise provided by law.
(b) The amnesty program shall be available during the period from October 1, 1990, through December 31, 1990.
(c) A person may participate in the amnesty program by filing an application for amnesty with the Mayor that includes a copy of the person's most recent water and sanitary sewer service bill and a cashier's check, certified check, or money order in the amount of the bill as computed under subsection (a) of this section. The application for amnesty and the payment shall be filed in person or by mail postmarked no later than midnight on December 31, 1990. Cash payments may not be mailed for purposes of this section.
(d) Any person who files an application for amnesty under this section shall be precluded from filing a request for an administrative hearing pursuant to § 34-2305.
(e) The Mayor shall publicize, for 3 consecutive weeks, the terms and conditions of the amnesty program in at least 2 daily and 2 weekly newspapers published and circulated generally in the District of Columbia.
(f) Revenue received from the amnesty program shall be credited to the General Fund of the District of Columbia as established by § 47-131.
(May 18, 1954, ch. 218, title XVIII, § 1802, as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1652.
Legislative History of Laws
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
(a) If an owner of rental property or his or her agent is billed directly by the District of Columbia Water and Sewer Authority ("Authority") for water and sanitary sewer services provided to the rental property, and the owner or his or her agent fails to pay a delinquent account for the services, each tenant who resides in the affected property may receive water and sanitary sewer services in his or her own name without liability for the charges accrued while the services were billed directly to the owner of the rental property. A tenant shall receive water and sanitary sewer services in his or her own name only if it is deemed practicable by the Mayor in accordance with rules issued pursuant to § 34-2306.
(b) Any payment made by a tenant of rental property pursuant to subsection (a) of this section shall be deemed in lieu of an equal amount of rent and shall be deducted from any rent due and owing or to become due and owing to the owner, agent, lessor, or manager of the rental property.
(c) Nothing in this section shall prevent the Mayor from pursuing any other appropriate action or remedy at law or equity against an owner, agent, lessor, manager, or tenant of a rental property.
(May 18, 1954, ch. 218, title XVIII, § 1803, as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620; Oct. 21, 2000, D.C. Law 13-183, § 3(a), 47 DCR 7062.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1653.
Effect of Amendments
D.C. Law 13-183 substituted in subsec. (a) "the District of Columbia Water and Sewer Authority ('Authority')" for "Department of Public Works ('Department')".
Legislative History of Laws
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
Law 13-183, the "Water and Sewer Authority Collection Enhancement Amendment Act of 2000," was introduced in Council and assigned Bill No. 13-484, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on June 26, 2000, and July 11, 2000, respectively. Signed by the Mayor on August 2, 2000, it was assigned Act No. 13-399 and transmitted to both Houses of Congress for its review. D.C. Law 13- 183 became effective on October 21, 2000.
(a)(1) Except as otherwise provided in this subsection, upon nonpayment of a delinquent account by the owner, agent, lessor, or manager of a rental property that is billed directly by the Authority for water and sewer services, the Authority or a tenant who resides in the affected rental property may petition the court for the appointment of a receiver for the rental payments in the same manner as for appointment of a receiver pursuant to § 42-3303.
(2) The receiver may take any action deemed necessary or appropriate to collect all rental payments from the tenants of the rental property and shall establish an escrow account with these funds. The receiver shall pay the Authority from the escrow account for services provided on or after the date of the receiver's appointment. If the owner, agent, lessor, or manager also is indebted to an electric company, electricity supplier, gas company, or natural gas supplier for utility services, the receiver may order that rents collected be equitably apportioned between the Authority and the electric company, electricity supplier, gas company, or natural gas supplier. In addition, the receiver may use the rental payments collected to reduce delinquent water and sewer charges owed to the Authority. Upon court order, the receiver shall become trustee of any escrow accounts or other funds established by the tenants or otherwise into which rents or payments for use and occupancy have been made.
(3) The owner, agent, lessor or manager shall be liable for reasonable fees and costs determined by the court to be due the receiver, which may be recovered from the rent payments under control of the receiver, provided that no fees or costs shall be turned over until payment of current District of Columbia Water and Sewer Authority service fees have been made.
(4) The receiver may make reasonable payments to the Authority to reduce delinquent water and sewer charges until all delinquent service fees have been paid, and the receiver shall operate and maintain the structure to the best extent possible with the rents remaining after the payment. The receiver shall have the authority to recommend to the court a payment plan, which shall be binding if ordered by the court, to pay off any remaining delinquencies in service fees. Any monies remaining after the payments pursuant to this subsection shall be turned over to the owner, agent, lessor, or manager unless otherwise ordered by the court.
(b) Any receivership established pursuant to subsection (a) of this section shall be terminated by the court upon a finding that the arrearage which was the subject of the original petition has been satisfied or that the rental property has been sold and the new owner has made satisfactory arrangements to pay the arrearages and has assumed liability for prospective District of Columbia Water and Sewer service fees.
(c) Nothing in this section shall prevent the Mayor, Authority, or a tenant from pursuing any other appropriate action or remedy at law or equity against the owner, agent, lessor, or manager of the rental property.
(d) Any owner, agent, lessor, or manager who collects or attempts to collect a rental payment from a tenant of the rental property subject to an order appointing a receiver pursuant to this section shall be found to be in contempt of court, after due notice and hearing.
(e) Any person who knowingly fails to pay water and sewer charges to the District of Columbia Water and Sewer Authority, or to make satisfactory arrangements for payment, for more than 12 months shall be guilty of a misdemeanor upon conviction. The penalty for knowingly failing to pay service fees for more than 12 months shall be a fine of not more than $500, or imprisonment not more than 30 days, or both. The penalty for knowingly failing to pay water and sewer charges, or to make satisfactory arrangements for payment, in an amount of more than $10,000 and for more than 2 years shall be a fine of up to 20% of the amount owed, but not less than $5,000, or imprisonment not more than 6 months, or both.
(May 18, 1954, 68 Stat. 101, ch. 218, title XVIII, § 1804, as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620; Nov. 25, 1993, D.C. Law 10-65, § 501(c), 40 DCR 7351; May 16, 1995, D.C. Law 10-255, § 36, 41 DCR 5193; May 9, 2000, D.C. Law 13-107, § 204, 47 DCR 1091; Oct. 21, 2000, D.C. Law 13-183, § 3(b), 47 DCR 7062; Mar. 16, 2005, D.C. Law 15-227, § 19, 51 DCR 10549.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1654.
Effect of Amendments
D.C. Law 13-107 in subsec. (a)(1) substituted "electric company, electricity supplier or gas company" for "electric or gas company" where appearing.
D.C. Law 13-183 added ", Authority," following Mayor" in subsec. (c) and rewrote subsecs. (a), (b) and (e) which prior thereto provided:
"(a)(1) Upon nonpayment of a delinquent account by the owner, agent, lessor, or manager of a rental property that is billed directly by the Department for water and sewer services, the Mayor or a tenant who resides in the affected rental property may petition the Superior Court of the District of Columbia ('Court') for appointment of a receiver for the rental payments in the same manner and to the same extent as for appointment of a receiver pursuant to § 43-543 [1981 Ed.]. The receiver may take any action deemed necessary to collect all rental payments from the tenants of the rental property. If the owner, agent, lessor, or manager also is indebted to an electric or gas company for utility services, the receiver may order the rent collected to be equitably apportioned between the Department and the electric or gas company.
"(2)(A) If the delinquent account referred to in subsection (a)(1) of this section is an account for a master-meter apartment building, the Mayor may issue an order for the owner, agent, lessor, or manager, herein referred to as "the owner", to show cause why a receiver should not be appointed. The order may be issued by the Mayor upon a finding that:
"(i) The delinquency has remained outstanding for at least 120 days;
"(ii) The delinquency has not been timely contested pursuant to § 43-1655 [1981 Ed.] and the rules issued by the Mayor; and
"(iii) Termination of water and sewer services would create a health and safety hazard for tenants of the master-metered apartment building.
"(B) The order to show cause, together with a copy of the findings, shall be served upon the owner at the owner's last known address and shall be posted in a conspicuous place upon the master-metered apartment building in question.
"(C) A hearing on the order to show cause shall be held no later than 72 hours after the issuance of the order or the first business day thereafter. Upon a prima facie showing by affidavit, testimony, or otherwise, that delinquent water and sewer service bills on the master-metered apartment building remain unpaid, the Mayor shall immediately appoint a receiver to collect rents or payments for use and occupancy from the tenants thereof in order to pay current water and sewer service charges and to reduce the arrearage pursuant to subparagraph (F) of this paragraph. Prior to the hearing on the order to show cause, the owner may submit an answer to the order raising any grounds or defenses that the owner may have, except that any set-offs, counterclaims, or third-party claims shall not be grounds for the Mayor not to appoint a receiver.
"(D) The receiver appointed by the Mayor shall have the authority to take any action it deems necessary to collect all rents or payments for use and occupancy from the tenants of the master-metered apartment building in lieu of the owner, except that the receiver shall not have authority to terminate water and sewer services. The receiver may require the owner of the master-metered apartment building to provide the names, apartment numbers, monthly rental payment amounts, and leases of the tenants of the master-metered apartment building.
"(E) If the owner fails to comply with any request of the receiver necessary to accomplish its duties under the appointment, or the owner collects or attempts to collect any rents or payments for use and occupancy from the tenants of a building subject to an order appointing a receiver, the receiver is authorized to petition the Superior Court of the District of Columbia for an order granting injunctive relief. The petition shall be served upon the owner in the manner set forth in subparagraph (B) of this paragraph. A hearing on the petition shall be held no later than 72 hours after the petition was filed or the first court day thereafter. Any owner who fails to comply with any resulting order shall be found, after due notice and hearing, to be in contempt of court.
"(F) The receiver shall pay the Department the current charges for water and sewer services provided on or after the date of the receiver's appointment. The receiver may pay the Department a reasonable amount, not to exceed 10% of the total rent payments received, to be applied against the delinquent charges. The owner shall be liable for the reasonable fees and costs determined by the Mayor to be due the receiver. The fees and costs may be recovered from the rents or payments due for use and occupancy under the control of the receiver; provided, however, that no fees or costs shall be recovered until after payment of current water bills to a master-metered apartment building has been made. Any monies remaining after all payments, fees and costs shall be turned over to the owner. Upon order of the Mayor, the receiver shall become trustee of any escrow accounts or other funds established by the tenants or otherwise into which rents or payments for use and occupancy have been made by the receiver at such times as the Mayor determines to be just, reasonable and necessary.
"(b) Any receivership established pursuant to subsection (a) of this section shall be terminated upon a finding that the arrearage that was the subject of the original petition has been satisfied, that all tenants have agreed to assume liability in their own names for prospective water and sanitary sewer services, or that the rental property has been sold and the new owner has assumed liability for prospective water and sanitary sewer services.
"(e) Any wilful or malicious violation of this section or § 43-1653 [1981 Ed.] by an owner, agent, lessor, or manager of a rental unit or any utility company shall be punishable by a fine of not more than $500, imprisonment for not more than 30 days, or both."
D.C. Law 15-227, in par. (2) of subsec. (a), substituted "supplier, gas company, or natural gas supplier" for "supplier or gas company".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 9 of Prevention of Unauthorized Switching of Customer Natural Gas Accounts Temporary Act of 2001 (D.C. Law 14-13, July 10, 2001, law notification 48 DCR 6589).
Legislative History of Laws
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
Law 10-255, the "Technical Amendments Act of 1994," was introduced in Council and assigned Bill No. 10-673, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 21, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 25, 1994, it was assigned Act No. 10-302 and transmitted to both Houses of Congress for its review. D.C. Law 10-255 became effective May 16, 1995.
Law 13-107, the "Retail Electric Competition and Consumer Protection Act of 1999," was introduced in Council and assigned Bill No. 13-284, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 7, 1999, and December 21, 1999, respectively. Signed by the Mayor on January 18, 2000, it was assigned Act No. 13-256 and transmitted to both Houses of Congress for its review. D.C. Law 13-107 became effective on May 9, 2000.
For Law 13-183, see notes following § 34-2303.
For Law 15-227, see notes following § 34-208.
Any owner or occupant of a property that receives water and sewer services may contest a water or sanitary sewer service bill rendered for water and sewer services in accordance with §§ 2-509 and 2-510, as set forth in rules issued by the Mayor pursuant to § 34-2306. The Mayor or the Authority shall require the owner or occupant to post a surety bond or deposit upon the filing of a request for an administrative hearing, except that the requirement to post a surety bond or deposit shall not apply to an owner who occupies a single family house. The amount of the surety bond or deposit shall be determined by the Mayor or the Authority and shall not be less than one-half of the total amount of charges, penalties, and interest owed. The surety bond or deposit shall be placed into an escrow account and accrue interest at a rate to be determined by the Mayor or the Authority.
(May 18, 1954, ch. 218, title XVIII, § 1805, as added June 13, 1990, D.C. Law 8-136, § 2(g), 37 DCR 2620; Oct. 21, 2000, D.C. Law 13-183, § 3(c), 47 DCR 7062.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1655.
Effect of Amendments
D.C. Law 13-183 added "or the Authority" following Mayor" in two instances in the second sentence.
Legislative History of Laws
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
For Law 13-183, see notes following § 34-2303.
(a) Within 60 days of June 13, 1990, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this act including rules regarding deposits, meters, liens, the sale and redemption of real property, the amnesty program, receivership, termination of water and sewer services, and administrative review.
(b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed approved.
(c) If after 90 days from June 13, 1990, the Mayor has failed to issue proposed rules to implement the provisions of this act as provided in subsection (a) of this section, the Council may adopt any legislation necessary to accomplish the purposes of this act.
(June 13, 1990, D.C. Law 8-136, § 8, 37 DCR 2620.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 43-1656.
Legislative History of Laws
For legislative history of D.C. Law 8-136, see Historical and Statutory Notes following § 34-2301.
References in Text
"This act," referred to in (a) and in two places in (c), is D.C. Law 8-136.
