| (a) Rental agreement content. The rental agreement
between the owner and tenant shall clearly state in writing:
(1) the tenant will be billed by the owner for submetered
or allocated utility services, whichever is applicable;
(2) which utility services will be included in the
bill issued by the owner;
(3) any disputes relating to the computation of the
tenant's bill or the accuracy of any submetering device will be between
the tenant and the owner;
(4) the average monthly bill for all dwelling units
in the previous calendar year and the highest and lowest month's bills
for that period;
(5) if not submetered, a clear description of the formula
used to allocate utility services;
(6) information regarding billing such as meter reading
dates, billing dates, and due dates;
(7) the period of time by which owner will repair leaks
in the tenant's unit and in common areas, if common areas are not
submetered;
(8) the tenant has the right to receive information
from the owner to verify the utility bill; and
(9) for manufactured home rental communities and apartment
houses, the service charge percentage permitted under §24.281(d)(3)
of this title (relating to Charges and Calculations) that will be
billed to tenants.
(b) Requirement to provide rules. At the time a rental
agreement is discussed, the owner shall provide a copy of this subchapter
or a copy of the rules to the tenant to inform the tenant of his rights
and the owner's responsibilities under this subchapter.
(c) Tenant agreement to billing method changes. An
owner shall not change the method by which a tenant is billed unless
the tenant has agreed to the change by signing a lease or other written
agreement. The owner shall provide notice of the proposed change at
least 35 days prior to implementing the new method.
(d) Change from submetered to allocated billing. An
owner shall not change from submetered billing to allocated billing,
except after receiving written approval from the commission after
a demonstration of good cause and if the rental agreement requirements
under subsections (a), (b), and (c) of this section have been met.
Good cause may include:
(1) equipment failures; or
(2) meter reading or billing problems that could not
feasibly be corrected.
(e) Waiver of tenant rights prohibited. A rental agreement
provision that purports to waive a tenant's rights or an owner's responsibilities
under this subchapter is void.
|
