Water service is a benefit to the real property and the cost of this service is the exclusive responsibility of property owner. Pursuant to Cincinnati Municipal Code (CMC) §§ 401-94 and-95, the property owner is responsible for payment to GCWW for all billed amounts for water service to the Property. This includes the usage costs of tenants or others.
The terms of a lease or any other private agreements between the landlord and tenant (or other party) concerning the payment of utility charges are strictly private arrangements and do not alter or in any way release the owner from their responsibility to pay the costs of utility service. Upon the owner’s request, GCWW will send a duplicate copy or “courtesy bill” to a tenant (or other third party); however, the owner remains responsible to GCWW for payment of the bill.
Please note the following:
THE PROPERTY OWNER IS SOLELY RESPONSIBLE TO GCWW FOR WATER SERVICE COSTS
- By retaining water service to the property, owner is subject to and required to comply with CMC 401, GCWW Rules and Regulations and all other applicable codes, laws, and other governmental standards, policies, guidelines and requirements.
- Owner is the account holder for the property. GCWW bills the owner each month for water service (and other utility and public services).
- The issuance of a courtesy bill to the tenant shall not relieve owner of the responsibility to pay all charges, late and other fees and any other billed amounts for water service to the property. The owner shall remain responsible for payment on the account, including late payment and other fees and charges.
- Neither owner’s authorization, nor GCWW’s issuance of courtesy bills to tenant or other third party, create any legal relationship between GCWW and Courtesy Bill Recipient. GCWW will not pursue the tenant or other courtesy bill recipient for collection of any delinquent charges.
- Any agreement between owner and a tenant or other third party (property manager, etc.) with respect to GCWW charges does not in any way alter owner’s responsibility to GCWW to ensure that all charges are timely paid. Failure to pay by tenant or other third party under any such private agreement is an issue exclusively between the tenant and owner and has no bearing on owner’s obligations to GCWW.
UTILITY SHUTOFF IS NOT A LEGALLY PERMISSIBLE MEANS OF ADDRESSING LANDLORD-TENANT ISSUES
- GCWW is authorized pursuant to CMC Ch. 401 to discontinue water service for bill delinquency and other violations of CMC 401. GCWW’s practice as to delinquency shutoffs is based on the efficient use of utility staff and resources. Owner does not have a legal right to rely on GCWW water shutoff to manage its relationship with its tenants.
- Ohio Revised Code § 5321.15 prohibits landlords from initiating termination of utility service for the purpose of eviction and provides for landlord liability to the tenant for damages and attorneys’ fees for a violation of this prohibition. Utility shutoff is not a legally permissible means of addressing landlord-tenant issues.
- If an owner causes disconnection of water service by failure to pay charges for past service or willingly causes water service to be disconnected, except due to repairs or emergencies, they shall be liable for compensatory damages to all persons or entities denied the benefits of water service per CMC §401-93-A(d).
- Ohio Revised Code 5321.04 requires landlords to supply running water at all times to dwelling units. Owners of property in the City of Cincinnati are required to provide a continuous and adequate supply of water from GCWW to all dwellings through suitable plumbing in good working condition and shall not shut off or cause shut off of the water supply except when making repairs. City of Cincinnati Board of Health regulation §00053-3.
TENANTS MAY BE ELIGIBLE FOR PAYMENT ARRANGEMENTS IF OWNER FAILS TO MAKE PAYMENTS
If owner fails to make payments, a tenant may be able to make payment arrangements for nonpayment of past due amounts that are satisfactory to GCWW in order to cause reconnection or to avoid disconnection of water service. The tenant may have the right to deduct the amount of such payment from any future payment of rent per CMC §401-93-A(e). Tenants may contact GCWW at (513)591-7700to discuss payment arrangements. Tenants may contact the Legal Aid Society of Southwest Ohio at 513-241-9400 for more information about their legal rights.
TENANTS HAVE THE RIGHT TO NOTIFICATION OF A LEAD WATER SERVICE LINE BEFORE SIGNING LEASE
Effective July 28, 2017, landlords are required to inform prospective tenants in writing prior to tenant execution of a lease if the rental unit is serviced by a Lead Service Line. Records of service line material composition may be accessed at the Greater Cincinnati Water Works lead webpage. (CMC § 871-12 Lead Service Line Notification to Tenant). Please call 513-591-5068 to obtain information regarding GCWW’s Lead Service Line Removal Program.
