questions & answers

Question: "Is it legal for an owner of Real Property using a single family residential water meter of 5/8" in size instaled by city of Phoenix for the single Residential home built in 1940, to add 10 single family Mobile Homes on the same real property, share the water serviced to the 5/8" water meter to that parcel, receive city bill for real property once a month then charge each home seperately what the city charges the meter to make money"?

Answer:

The short answer is probably not. Please see the following statute regarding passing on utility charges in mobile home parks. Subsection A provides that there shall be a separate meter for each user if the landlord wants to pass these fees along. The Attorney General's housing unit is often interested in these types of cases. They are probably the best starting point for enforcement.

 33-1413.01. Utility charges; waste, garbage and rubbish removal charges A. If a landlord charges separately for gas, water or electricity there shall be a separate meter for every user. For each billing period the cost of the charges for the period shall be separately stated, along with the opening and the closing meter readings and the dates of the meter readings. Each bill shall show the computation of the charge generally in accordance with the serving utility company billing format for individual service supplied through a single service meter. B. If the landlord separately charges for utilities, the landlord shall not charge more than the prevailing basic service single family residential rate charged by the serving utility or provider. C. For the purpose of regulating mobile home parks as public or consecutive water systems, the state shall not adopt rules pursuant to title 49, chapter 2, article 9, that are more stringent than authorized by the federal government. Submetering solely to determine the charges for individual water use by park tenants for the purpose of water conservation, without other evidence indicating a transaction subject to regulation under title 49, chapter 2, article 9, shall not be used as a basis for treating any mobile home park as a public or consecutive water system. D. A landlord may charge separately for removal of waste, garbage, rubbish, refuse and trash and for sewer services. Any charges for removal or sewer services may not exceed the prevailing single family residential charge, fee or rate for these services levied by the political subdivision or provider.

Here is a link to the Arizona Mobile Home Parks Landlord Tenant Act: https://housing.az.gov/sites/default/files/documents/files/Arizona%20Mobile%20Home%20Parks%20Residential%20Landlord%20Tenant%20Act%20%20_October%202014_(3).pdf Please note that I am providing general information based on the very limited information available to me. I am unable to provide you with legal advice, and no attorney-client relationship is created hereby. I wish you the best in this and all your endeavors.