illegally charging residents a business rate on sewage!

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Cheryl Lipay

illegally charging residents a business rate on sewage!

Post by Cheryl Lipay » Sun Feb 15, 2004 12:02 pm

I have lived in an established mobile home park for five years. I purchased a brand new manufactured home and had never lived in a park before. My home is immaculate inside and outside. I have always maintained my yard. Prior to moving into this park I had lived in a traditional home. This appears to be the biggest (financial) mistake of my life. I am financially working very hard to move in five years, purchase my own land and purchase a double wide manufactured home. Recently, the landlord had water meters installed on all the homes in the park. I had requested that I be present because I have had damage done (has since been repaired) to my home in this park. My request to be present was met with resistance from the owners daughter and her male companion living with her. It was only by chance that I was there to oversee the installation of the water meter. My water line was left exposed (even though I had had my water line insulated and had an electric line installed to prevent freezing when my home was initially set up in this park) by the individual from the company installing the water meters and the owners male companion. Since I had never heard of sub-metering, I send her a letter (certified) requesting information about this process. I never received an answer. I then again send her another letter which she forwarded to the company who was handling the installation. The president of the company also did not seem to respect my wishes to be present when the water meter was installed! I had to purchase insulation and heat tape and re-insulate my water line.

Now, the landlord's daughter, who has made it known all along that she is the "agent" is charging me a residential rate for the water and a business rate for the sewage! I have contacted an attorney (who will be sending the owners of this mobile home park a letter) and will also report this mobile home park and the company who installed and who reads the meters to the Public Utility Commision. I was informed that this was illegal. When I called the president of the company (who installed the meters and reads them) to inform him that this was illegal, he told me that it was not and that the landlord wanted to "recoup" the business rate they are being charged for sewage! I then wrote a letter to the landlord (her daughter who is the "agent") and informed her that this was deception. I could not believe it when I received notification that the check was received and cashed! I had wrote out separate checks for the lot rental, the water bill, and the sewage bill.

I have been an excellent tennant, always paying my lot rent on time, maintaining my home, both inside and outside, and am tired of always hearing about how difficult tenants can be. I am definitely one of the "good" tenants and am so sorry that I moved into a mobile home park. I needed to "sound off" and would appreciate any advice from "good" landlords.

The landlord and her daughter appear to want to be dictators. Everything is find as long as you agree with them - whether it is legal or illegal!

This mobile home is located in West Mifflin, Pennsylvania.

Thank you.

Chrissy

Re: illegally charging residents a business rate on sewage!

Post by Chrissy » Mon Feb 16, 2004 5:54 am

Submetering is indeed legal in most areas unless specifically prohibited by statute or current community guidelines (park rules and regulationsd) or lease terms. Obviously, if this results in a change in your billed rate of rent, the landlord must provide you with notice as outlined in the state statutes. And, damage to your home must certainly be corrected if done by the landlord or an agent of the landlord. However, submetering is good for you as a resident (tenant). When the landlord pays for all the water used, people are generally not as conservative as they are if they are paying for it. That means that faucets and toilets are allowed to run rather than being repaired and water is usually wasted in other ways as well. Without submetering, you as another resident, are indirectly paying for a share of everyone else's water usage and wasting. And, if there was a huge water main line break that increased the landlord's cost of water, that would also be figured into what you pay as rent. Now, with your own meter, you will only be paying for the water directly used - or wasted - by your household. This should significantly lower your overall expenses as this portion of your housing cost is now controllable by you.

Cheryl Lipay

Re: illegally charging residents a business rate on sewage!

Post by Cheryl Lipay » Mon Feb 16, 2004 8:09 am

You do not understand. I am being charged a residential rate for my water and a business rate for my sewage. I have contacted an attorney. This is illegal. I have also contacted the Public Utility Commission and the Attorney General. A private resident cannot be charged a residential rate and a business rate!

As I stated in my previous note, this was the biggest mistake of my life and I do intend to move out in four and a half years. Living in an established mobile home park is like living in hell. My landlord does not communicate any and all changes that are being made. Additionally, after five years of living in this park, I had to bring to the attention of the daughter (who is their "agent) that they are still spelling my name wrong but have taken my monthly rental check every month!

I will be much happier when I purchase my own land.

This mobile home park is located in West Mifflin, Pennsylvania and the name of the park is DePretis Trailer Park OR DePretis Trailer Court. I still cannot secure the legal name of the park after five years!

rmurray

Re: illegally charging residents a business rate on sewage!

Post by rmurray » Tue Feb 17, 2004 6:50 am

If the name of this park is..."DePretis Trailer Park OR DePretis Trailer Court."..that should have been a clue as to the professional aspects of the ownership when you moved in...The "Trailer Park" name went out of the industry in the 1960's...

Your state does have an agressive public service commission...They would be the ones to contact..

Cheryl Lipay

Re: illegally charging residents a business rate on sewage!

Post by Cheryl Lipay » Wed Feb 18, 2004 12:10 pm

Update: I recently secured the services of "Pre-Paid Legal Services (nominal cost of $7.27 per pay!) and was informed that this was illegal. Pre-Paid Legal Services will be sending the owners - Sylvan & Mary DePretis, their daughter - Lucy Taylor, who is their "agent" and the company that installed the water meters on the homes, Mr. Jon Epstein, Water Saver Systems, Inc., Bethesda, MD. I was told that THIS IS ILLEGAL! I am very happy that what I thought all along is true. My landlord and the company reading their own meters will realize that I do not plan on "going with the flow" even when something is illegal.

Until I can move out in approximately 4 years from now and purchase my own land, I will always have the services of Pre-Paid Legal Services.

After this experience, I would never recommend that anyone purchasing a manufacture home move into an existing park. It is much better to purchase your own land.

steve

Re: illegally charging residents a business rate on sewage!

Post by steve » Wed Feb 18, 2004 4:54 pm

Wow! Im glad you dont live in my park.

Cheryl Lipay

Re: illegally charging residents a business rate on sewage!

Post by Cheryl Lipay » Thu Feb 19, 2004 9:07 am

In four and a half years, I will NOT be living in anyone's park. I will be on my own land! I have learned through this experience and will again tell anyone considering entering into an existing park to purchase their own land. What is legal is legal and what is illegal is illegal.

Chris James

Re: illegally charging residents a business rate on sewage!

Post by Chris James » Fri Feb 20, 2004 7:24 am

On what grounds did this legal service find that submetering is illegal? I agree with Chrissy. Submettering is actually good for the residents of a park. The park owner cannot charge more for the weter/sewer then is beeing charged by the utility. A simple call to the utility, and you will know what the rates are.

I own a park in Florida. If water/sewer were applied to lot rent, the residents that live in the park only during the winter months would be subidizing the year round residents. Single residents would be subsidizing those homes that have 2 or more residents. It would encourage water conservation. It's clearly a better way to go.

Lance Nerland

Re: illegally charging residents a business rate on sewage!

Post by Lance Nerland » Sat Feb 21, 2004 7:10 pm

The sub-metering is not an issue here, its that a RESIDENT is being charged on the same rate as a BUSINESS for sewage. You did the right thing by going to an attorney. However, the real criminal is the city utility system for charging a residential complex business rates. Go check out apartments, see how they are billed by the utility, I doubt they would be billed as a business. Also, the park owner has a RIGHT to recoup all costs accumulated with providing you water, electricity, ect. I however, would have sent a notice indicating the discrepencies of rates, and politlely tell the residents that if they had any problems with it, to call the utility company and complain to them.


P.S. Chrissy, do you have a ACM 201 class on schedule, if so, are there still spaces available?

Thanks,

Lance Nerland

chrissy

Re: illegally charging residents a business rate on sewage!

Post by chrissy » Sun Feb 22, 2004 12:15 pm

In some areas, a community is charged the same rate as a businesss - not a residential rate. And - in some states, it is legal to charge residents the published rate residential customers pay - even if it is higher than the community pays.

As to the ACM 201, I am in the process of booking one for July in Tampa, and will have room. Please communicate with Beth Loftus of the Florida Manufactured Housing Association at 850-907-9111 to keep up with the date and to register. Thanks!!

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