(a) A landlord who is a party to a rental agreement shall pay for the electric, gas, and water services for the tenant’s dwelling unit unless:
(1) The applicable utility service is provided to the tenant’s dwelling unit through an individual meter or sub-meter that measures usage only in the tenant’s dwelling unit; and
(2) The rental agreement provides that, with respect to the applicable utility service, the tenant shall pay only for the cost of the utility service that is provided through the individual meter or sub-meter during the tenancy; and
(3) The rental agreement provides that the tenant shall have reasonable access, during normal business hours to the individual meter or sub-meter, for the purpose of reading the meter or sub-meter; and the landlord grants the tenant such access to the individual meter or sub-meter; and
(4) The provisions in the rental agreement that implement this section are stated in clear and unambiguous language.
(b) A tenant who is a party to a rental agreement shall pay for the electric, gas and water services for the tenant’s dwelling unit if the landlord meets all four factors mentioned in subsection (a) hereof.
(c) If a tenant is delinquent in the payment of a utility bill and the landlord is ultimately responsible for a late fee due to that delinquency, the landlord may bill the actual cost of any fees associated with the delinquency to the tenant.
(Ord. 2004-033. Passed 4-6-04.)