HomeMy WebLinkAbout06-16-2016 AgendaCITY OF
.AUBURN
WASHINGTON
City Council Chambers
25 West Main Street
Case No: MIS16 -0011
Applicant: James Patrick
1402 NE 22nd Street, Unit 318
Auburn, WA 98002
HEARING EXAMINER
June 16, 2016
11:00 a.m.
Request: Applicant, James Patrick, submitted a Third -Party Utility Billing Complaint,
under ACC 13.52. and is disputing the water, sewer, storm utility bill from
Rio Verde Mobile Estates. The details of his request can be found in the
Third -Party Utility Billing Complaint attached.
Landlord: Rio Verde Mobile Estates
Attn: Melody Straham, Manager
1402 NE 22nd Street, Unit 200
Auburn, WA 98002
/'I�T��/� . ���> �/ !
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������7°� g � �7 �'hi�-d-Party Utility Billing Fo�, �Pda�ed '
�J��J�Lr April 73,2016
wntiI�IING70N Complaint
Physlcal Atltlress Mailing Atldress Wehpage 8 Email: Phone entl Fax:
Aubum City Hall Annex,2n°Floor 25 West Main Sireet www.auburnwa.00v Phone: 253-931-3090
7 East Main Slreet Aubum,WA 98007�998 permilcenler(a�au6umwa aov Far 253-80<-a114
Tenant luformation:
I Nnme ,JHmes �( '�.v}— T,
Address `� Z 5 Iv V�� 3 ,
�V,� � �jD"OZ-
Phone: Work: Home: Ccll:
2. Address of thc ren[nl unit thn[wns subject to Ihe billing prnctices compinined of(if it is different from your current address):
Address 7nR�'�L�
3. Authorized Represen[ntive: 5'� ��
(Nume of represenG�livc if different from t6e lenant indicated above.)
Nome
Address
Phone: Work: Home: Cell:
4. Is thc Tennn[nuthorized to occupy the rcntal unit primarily for living ar dwclling purposcs under n rcnini ngrcemcnt
(including a writtcn or unwritten,month-ro-month tendency urrnngement)? e�
5. Is the TenanPs rental unit part of n building or group of buildings(including a mobile 6ome park or boet moornge)[hnt
includcs 3 or morc tenant units?�
Landlord Infarmation:
G. L�ndlord or bila�ling agcn['s nme �� � ✓� 1 a�FVI /"����'�
7 Lnndlord f�l� �Pii�'� 0 � Pi c5 �`J
ACC 13.52.030 and 17.52.OSO Information:
8. Wha[type of utility bill is being disputed? '/-R��r� .�1L�W�i 1`� S7'L�Y{'�, l/�/U�$f'
0
9 Plense descri6c the billing prnctices thnt are the bnsis for your compinint(See ACC 13,52.030& 13.52.040 for prohibited billing
prnclices and billing requirements)(You may provide an nitachment if needed):
?O�l I �CTJS� ?C7 �OW ciN/
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/� �.� / Inc, I� I I
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10. Whnta o ntis e�ngdisputed? �'"t"II VYa��� YU�Y� U�L! CiYti�� y � �VL� G((l
��e �e�s av. a e5�� a wt o��" �. v
11. �Vithin 30 days of rcteiviog lhe disput d bill,did you notify ihe landlord or billing agent,(ns iden�t�i,foie"d�in the bill)of the nature
of and basis for the dispute(Attach documentation),as required by ACC 13.52.050(A)(1)?�v
d
12. Were the steps describcd in ACC 13.52.050 AJ to 4 foJl o1we " G�D Ple�s�escr2lb�e hnl rclief nre you ceking(whnt
� � f�M1 0.� 0 i � �� �10 V���
do you wnnt Ihe Henring Examiner ta do). � h �P�
�e�;�� ��-��5 V������ « 5���5DC�t �� �� qa�a�,� �Go�.
1 � r_ f � -�
r�-�i},'VI n 2 q o r�ce1-Cb�'l,�
13. Ofher than the disputed charges,is your utility bill currenl?� If no,describe:
,� �1.,o�✓u�nrn�e e� ll uwdas�,.�� ��-I. �,� o G�av�
��tUG �✓�N1 �c�G ,
1 certify[hnt more than 60 days have elapsed since lhe landlord or billing ngent received notice of billing dispute describcd above,
und that thc tenan' t hns,b1,enen unnble to rench n satisfnctory resolu[ion of part,or nll of the dispute.
Dated this �, 1 dpy or f� � ,zoie.
�
Signature of Tennnt or Represenlative
I
Complaint and request for hearing.
Today's date: April 15, 2016
Complainant: ����.—.�` ���
James Patrick d�� �-- Y�
1402 NE 22nd ST Unit 318
Auburn WA 98002 AR� 151016
Respondent: C[1PW�COMMU�1'1AYpk'VELOPMENT
Melody Straham, Manager
Rio Verde Mobile Estates
1402 NE 22nd St Unit 200
Auburn WA 98002
James Patrlck hereby requests a hearing under Auburn, Washington Municipal Code Chapter 13.52,the
Third Party Billing Regulation. This request Is made under 13.52.050(B)(1�.
Nature of complaint: Rather than holding good faith discussions on disputed utilities charges, Rio Verde �
Mobile Estates immediately charged an untimely and/or an excessive late fee, and in taking this action �I
Rio Verde Mobile Estates began collection efforts of the disputed charges utllitles before holding good �
faith dlscussions to resolve the disputed utility charges as required by 13.52.050(A)(4�. ,
Date of Offense: on or about April 6, 2016 ["Five-day notice to pay" dated April 6, 2016 and postrimarl�ed i
April 7, 2016]. �
i
The scope of this complaint is limited to the topic of good faith negotlations and is further limlted to ftio �!
Verde Mobile Estates'collection practices related to the disputed utility fees in James Patrick's April 1,
2016. I
I
Determination and relief requested: Determination of violation of 13.52.050(A)(4) relating to good faith i
negotiations, and an award for the filing fee and penalty as specified in 13.52.050(B�(1). �
Facts:
1. James Patricl<is a tenant wlth a lease with Rlo Verile Mobile Estates.
2. On or about March 18, 2016 Rio Verde Mobile Estates mailed an invoice by first class mall for
utillty charges to James Patricic. (attached)
3. After diligent search,James Patricl<has been unable to located a copy attached to the property
4 The invoice dated March 15, 2016 indicates a due date of April 1, 2016.
5, On April 1,2016 James Patrick disputed the utility charges were owing. Furthermore,James
Patricl<disputed that the utility charges were due. (See attached letter)
Page 2
Complaint and request for hearing.
James Patrick
April 15, 2016
6. On or about April 6, 2016 Rio Verde Mobile Estates Issued a "five-day notice to pay rent and/or
other charges or to vacate" to James Patrlck. (see attached)
7 Rather than contact Tenant James Patrick to attempt to resolve the dispute, Landlord Rio Verde
Mobile Estates chose to Initiate collection of the disputed utility fees.
8. Rio Verde Mobile Estates charged a late fee that was not disclosed on the Invoice for utility fees. i
9. The lete fee was charged before 30-days of receipt of invoice,
i
10. Additionally,the late fee was charged during the good faith negotiation period. I I
11. All undisputed rents,fees or other charges have been paid, i
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Signed: Dated:April 15, 2016
James Patrick
Supporting Documentation Included with thls filing:
�
1. Invoice Dated March 15, 2016 I
2, March 22, 2016 letter from Melody Strahan, Manager I
3. April 1, 2016 letter to Rio Verde Mobile Estates from James Patricl<
4 April 6, 2016 Five-day notice to pay signed by Rio Verde Mobile Estates Manager Melody
Strahan
�
Rio Verde Est$tes Jeff&Melody StreLan
�� Properry Managerr
1402 T2nd St N.E.#200,Autimn,WA 98002
Phone:253-833-7333,Fax:253-322-6913
rioverde lpsmhc.com
March 22, 2oi6
Dear Nancy Aurand,
I received your check for April rent today and wanted to let you lmow that your
April bill is for$89g.�i. We have already mailed April's bill.
I
I uaderstand that you have your rent bill set to autopay with your bank but there is a
$S�.o9 balance that w�l have to be paid with this check.
I
I am returning this check to you. I
I
i
�
�
Thank you �
Melody Strahan ,
Manager
I
i
�
1402 NE 22nd Street Unit 318
Auburn WA 98002
Aprll 1,2016
Melody Strehan
Rio Verde Moblle Estates
1402 NE 22nd Street Unit 200
Auburn WA 98002
Dear Melody Strehan:
We dl pute the water utlllri charaes are owina.
Our dlspute Is rooted In two separate and dlstlnct reasons. First Is the lease perlod. �t Is our positlon
that our annual lease renewed on its annlversary September 17, 2015 prlor to the effective date of the
proposed change. Second Is proper notice was not glven under the Auburn Munlclpal Code Chapter
13.52,and thus,the Manufactured/Moblle Home Landlord-Tenant Act(59.20 RCW). As you are aware, �
we are currently working to resolve the lease period through the Manufactured Housing DlSpute
Resolutlon progrem.
We also dlspute the putative water utllitv due date of Aprll 1
The Auburn Municipal Code Chapter 13.52 speclfles a minlmum tlme aliowed before owing utllitles i
become due. Under the Auburn Municipal Code utllltles are not due untll at least 30 days have passed
after proper notice. When the amount owing Is In dispute,as In this case,the Auburn Munlclpal Code
provides for addltionai time to allow for dlspute resolutlon. The Involce was printed In mld-March,so
the 30-day period has not elapsed. Thls Is In addltion to the fact that we dlspute the water utllity
charges. The due date for disputed utllity charges Is extended beyond the s[andard 30-day minimum i
perlod after proper notice Is glven. Furthermore,we have yet to recelve proper notice of the utllity fees �
due. We once agaln request that you provlde proper notice under the Manufaaured/Mohlle Home i
Landlord-Tenant Act. Even If there Is some amount In water utllltles owing,whlch Is currently In dlspute, i
no such amount would be due at this tlme.
I
�Jg do not disqute the base rent and cable utllitv fees.
Please flnd enclosed check#0052023153 in the amount of$842.fi2 which covers the undisputed charges
of base rent and cable utlliry
We will pay any amount owing wlthin the time due as speclfled In the Auburn Municlpal Code,which
Includes deadlines for disputed utllity fees.
It Is a pleasure to Iive at Rlo Verde Moblle Estates.
Sincerely,/,,�
1 s Patrlck
Enclosure:Check ti00520Z3153
Rio Verde Mobile Estates
1402 22nd St. NE #200
Auburn, WA 98002
(253) 833-7333
Apri16,2016
Nancy Aurand and James Patrick
1402 22ad St.NE,#318
Aubum, P/A 98002
FIVE-DAY NOTICE TO PAY R�NT AND/OR OTHER CHARGES
OR TO VACA1'�(RCW 59.20.080(1)(b))
THIS N01TCE,being delivered to you on tlris 6 Apr,2016,pursuant to RCW 59.20.080(1)(b),
serves to advise you that you hava not paid rent or other charges specified below for the prerimises
situated at the above-referenced address and county,which ere now due and payable in the
following amounts:
;
i
Rent due on 4/1/2016 for tha period ending 4/30/2016 '
I+
in the amount of: $��09 I
Balence from prior month(s)in the amount of: $0.00
La{e Charges,if any $0.00
Utility cLazges due,if any $0.00
Other charges due, if eny $0.00 �
I
TOTAL DLTE AND PAYABLE: 577,09 �
AND YOU AR�HEREBY NOTIFIED and required to pay the above total in fiill to the �
i
undersigned or(vs/her agent named below,within five(5)days from the date of service of tlus
notice upon you,or in the alternative,to vacate and s�rendar the premises.
IN TAE EVENT OF YOUR FAII,URE to do so within the stated period,you will be guilty of
unlaWful detainer and subject to eviction as provided by law.
ISSUANCE of three or more of these notices withiu u twelve(12)month period may result in
the termination of yoar tenancy under RCW 59.20.080(1)(m).
This notice issued and dated at King,WA,on 04/06/2016
�Sl� � � �E _lis�� c�1� ,
(Printed Nazne)
T1ris notice pursuaut to RCW 59.20.150 has been:
❑ Delivered to you personally
❑ Affixed in a conspicuous place at your home and mailed to your last Imown address.
L'hapter IS.�L l HIKll YAKl Y kilLLING KbCiULA11UN
Chapter 13.52
THIRD PARTY BILLING REGULATION '�
Sections:
13.52 010 Short title and purpose.
13.52.020 Definitions.
13.52.030 Prohibited billing practices
13.52 040 Billing requirements.
13 52 O50 Dispute resolution and remedies.
13.52.010 Short title and purpose.
A. This chapter may be known and cited as the 'third party billing regulation chapter The general
purpose of this chapter is to prevent landlords, either themselves or through a third party billing agent,
from billing tenants for master metered or other unmetered utility services without proper notice and
disclosure of billing practices to tenants, and to protect tenants from deceptive or freudulent billing
practices, and to these ends the provisions of this chapter shall be liberally construed.
B. Nothing in this chapter shall be construed to prevent a landlord from including a tenanYs cost of
master metered or other unmetered utility services within the rent set forth in a rental agreement, and
the practice of including such cost within a tenanYs rent shall not be considered a billing practice or
methodology affected by the provisions of this chapter (Ord. 6084 § 1, 2007 )
13.52.020 Definitions.
As used in this chapter, the following definitions apply
A. "Billing entity" means the landlord or third party billing agent, as the case may be, responsible for
billing residential multi-unit building tenants for master metered or other unmetered utility service.
B. "Disclosure" means providing tenants with complete and accurate written information in a clear
concise, and understandable manner in all notices required under this chapter and on each bill
presented from the billing entity to tenants.
C. 'Landlord' means a 'landlord' as defined in and within the scope of RCW 59.18.030 and 59.18.040
of the Residential Landlord Tenant Act of�973 ("RLTA') in effecl at the time the rental agreement is
executed, and shall also mean the owner of a mobile home park. At the time of passage of the
ordinance codified in this chapter RLTA defined 'landlord" as "the owner, lessor, or sublessor of the
dwelling unit or the property of which it is a part, and includes any person designated as
representative of the landlord, including the operator of the residential facility and/or mobile home
park, representing, working for and on behalf of the owner/landlord as defined herein.
D 'Master metered utility service" means a utility service supplied to more than one unit in a multi-
unit building and measured through a single inclusive metering system.
E. 'Methodology refers to any method, technique, or criterion used to apportion to tenants charges
billed to the landlord by the utility for master metered utility service or unmetered utility service,
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Chapter 13.52 THIKD PAKCY t3lLLlNCi k�;C;ULAl IUN
,
including but not limited to ratio utility billing systems, installation of submetering, and hot water
metering.
F "Multi-unit building refers to a residential building or group of buildings (which may include a
mobile home park)with three or more tenant units with a master metered utility service or unmetered
utility service, such as solid waste collection, that is provided to the building or group of buildfngs as a
whole.
G. "Personally identifiable information" means specific information about a tenant, including but not
limited to the tenant's Social Security number birth date, mother's maiden name, banking data or
information, or any other personal or private information.
H. 'Ratio utility billing system or 'RUBS' refers to any methodology by which the cost of master
metered or other unmetered utility service provided to tenants and common areas of a multi-unit
building is apportioned to tenants through the use of a formula that estimates the utility usage of each
rental unit in the building based on the number of occupants in a unit, number of bedrooms in a unit,
square footage of a unit, or any similar criterion.
I. 'Rental agreemenY means a 'rental agreemenY as defined in and within the scope of RCW
59 18.030 and 59 �8.040 of the Residential Landlord Tenant Act (RLTA) in effect at the time the
rental agreement is executed, and is deemed to include any month-to-month tenancy arrangement,
whether written or oral. At the time of the passage of the ordinance codified in this chapter the RLTA
defined "rental agreemenf as "all agreements which establish or modify the terms, conddions, rules,
regulations, or any other provisions concerning the use and occupancy of a dwelling unit.
J. 'Service charge" refers to any charge or fee imposed by the billing entity to cover the costs of
providing or administering the billing prectices, regardless of the label applied to such charge or fee.
K. 'Tenant' means a"tenanY as defined in and within the scope of RCW 59.18.030 and 59 18 040 of
the RLTA in effect at the time the rental agreement is executed, and shall also mean a tenant of a
mobile home park. At the time of passage of the ordinance codified in this chapter the RLTA defined
'tenanY' as "any person who is entitled to occupy a dwelling unit primarily for living or dwelling
purposes under a rental agreement.
L. "Billing practices refers to the practices of a landlord or third paRy billing agent, as defined herein,
that bills residential multi-unit building tenants for the purpose of appoRioning master metered or
other unmetered utility services provided to the building(s) as a whole, either by directly submetering
tenants usage or by otherwise apportioning such utility services among tenants, and also refers to
any practices related thereto, including but not limited to collecting, using or disclosing tenants'
personally identifiable information (other than name and address), attempting to collect unpaid
amounts from tenants, verifying tenants credit, and reporting unpaid balances to credit reporting
agencies
M. 'Third party billing agent' refers to any entity retained or authorized by a landlord to bill tenants for
master metered or other unmetered utility service on behalf of and as the agent of a landlord.
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Chapter 13.52 THIRD PARTY BILLING REGULATION
N. "Utilities or"utility service(s)' refers to water sewer storm water and solid waste services. (Ord.
6084§ 1 2007 )
13.52.030 Prohibited billing practices.
A. It is a deceptive and fraudulent business practice for any landlord or third party billing agent to bill
tenants separetely for utility services except as permitted in this chapter
B. It is a deceptive and freudulent business practice for a landlord to engage, retain, or authorize a
third party billing agent who does not comply with the requirements of this chapter, and a landlord
shall be liable for the actions engaging, retaining, or authorizing a third party billing agent who does
not comply with the requirements of this chapter
C. As of the effective date of the ordinance codified in this chapter no landlord may disclose to a third
party billing agent a tenant's personally identifiable information under any circumstances; provided,
however that nothing in this chapter shall prevent a landlord from disclosing a tenant's name and
address to a third party billing agent for the purpose of engaging in permitted billing practices.
D A third party billing agent who, prior to the effective date of the ordinance codified in this chapter
has obtained any tenanYs personally identifiable information (other than name and address) shall not
use, sell, convey, or otherwise disclose that personally identifiable information to any other person,
except as expressly permitted in this chapter and mus[destroy all such information upon a tenanYs
request, when the tenancy terminates and the account is paid, or when the landlord terminates the
third paRy billing agency relationship.
E. No third party billing agent may inform a credit reporting agency of a claim against a tenant except
as expressly permitted in Chapter 19_16 RCW regardless of whether lhe third party billing agent is
licensed by the state pursuant to that chapter (Ord. 6084 § 1 2007 )
13.52.040 Billing requirements.
A. A landlord may itself or through a third party billing agent, bill tenants for master metered or other
unmetered utility services, including electric service provided to tenants of multi-unit buildings;
provided, that the following requirements are met:
1 Notice. Billing practices may be adopted only upon advance written notice to a tenant as part
of a new or renewed rental agreement. Tenants must receive such written notice at least 90
days before expiration of their rental agreements, or in the case of month-to-month tenancies,
at least 90 days before any such billing practices may become effective. Notwithstanding the
foregoing two sentences, if billing practices are already in place at the time the ordinance
codifed in this chapter becomes effective, written notice must be given within 30 days of the
effective date of the ordinance codified in this chapter
2. Methodology The notice required under subsection (A)(1) of this section must include a copy
of this chapter and a detailed written disclosure of the methodology used by the billing agent to
allocate the charges to each tenant, including the methodology used to allocate utility services
for common areas of the building, along with all other terms and conditions of the billing
arrengement. If submetering is used, the notice required under subsection (A)(1) of this section
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Chapter 13.5Z I Hlltll YAK1 Y BILLING fL�GULAf10N
shall also include descriptions of the location of the submeter and of the access requirements, if
any required by the landlord for access to tenant units for submeter installation, reading, repair
maintenance, or inspections, including removal of the submeter for testing, consistent with the
provisions of RCW 59.18.150 of the RLTA- An additional written notice must also be given at
least 30 days prior to the due date of the next rental payment in order to implement a change in
billing agents, apportionment methodology fees, or other terms and conditions of the billing
arrangement.
3. Posting of Information.
a. In addition to the written notification required by subsection (A)(2)of this section, any
landlord employing billing practices shall post in a conspicuous public space in the interior
of the building copies of the three most current utility bills for master metered or other
unmetered utility services provided to the building as a whole that are included in the bill
sent to the tenant, together with a written description of the methodology used to allocate
each such utility service and a copy of this chapter The landlord shall also post the
provisions of this chapter in a conspicuous public space in the interior of the building.
b. Where such postings are physically impracticable due to the absence of a suitable
conspicuous public space, a landlord may satisfy the posting requirements by hand-
delivering or mailing to each of the tenants a paper copy of the written notification required
by subsection (A)(2)of this section, together with a written description of the methodology
used to allocate each such utility service and a copy of the provisions of this chapter In lieu
of posting the three most current utility bills for master metered or other unmetered utility
services provided to the building as a whole that are included in the bill sent to the tenant,
the landlord must make such utility bills available upon request within five business days
and must inform tenants in the written notification required by subsection (A)(2) of this
section of the method by which they may request such utility bills.
c. Landlords shall keep bills for master metered or other unmetered utility services on file in
the building for at teast two years and shall make such bills available to tenants for
inspection and copying upon request. Where it is physically impracticable to keep such bills
on file due to the absence of a suitable office or other storege space, a landlord may store
the bills in another location and must make such bills available within fve business days of
receiving a request from a tenant.
4 limitations on Charges. The total of all charges for any utility service included in the bills sent
to all units cumulatively shall not exceed the amount of the bill sent by the utility itself for the
building as a whole, less any late charges, interest or other penalties owed by the landlord, with
the exception of the following, which may be included in each bill covering an independent unit
within the multi-unit building:
a- A service charge of no more than $2.00 per utility per month, not[o exceed a cumulative
service charge of$5-00 per month for all the utihties included in any bill.
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, Chapter 13.52 1'HI}� PARTY B[LL[NG REGULATION
b. Late payment charges of no more than $5.00 per month plus interest at a rate not to
exceed one percent per month, which late payment charge shall not accrue until at least 30
days after the tenant receives the bill.
c. Insufficient funds check charges for dishonored checks, not to exceed $25.00 per
dishonored check.
5. Licensing of Third Party Billing Agents. Any third paRy billing agent must be properly
registered and licensed to do business in the state of Washington and city of Auburn and must
be in compliance with all applicable Washington State and Auburn laws and regulations, and all
applicable Washington and Auburn license identification numbers, if any must be disclosed
upon request.
6. Content of Bills. Each billing statement sent to a tenant by a billing entity must disclose all
required information in a clear and conspicuous manner and at minimum must.
a. Include the name, business address and telephone number of the billing entity�
b. Identify and show the basis for each separete charge, including service charges and late
charges, if any as a line item, and show the total amount of the bill;
c. If the building units are submetered, include the current and previous meter readings, the
current read date, and the amount consumed (or estimated to have been consumed if
Auburn has provided the landlord with an estimated bill);
d. Specify the due date, the date upon which the bill becomes overdue, the amount of any
late charges or penalties that may apply and the date upon which such late charges or
penalties may be imposed;
e. Identify any past due dollar amounts;
f. Identify a mailing address and telephone number for billing inquiries and disputes, identify
the entity responsible for resolving billing inquiries and disputes and its business hours and
days of availability and describe the process used to resolve disputes related to bills as set
forth in this chapter and
g. Include a statement to the effect that"this bill is from [landlord name] and not from
Auburn Public Utilities.
7 Protection of Personally Identifiable Information.
a. A third party billing agent who, prior to the effective date of the ordinance codifed in this
chapter, has obtained a tenant's personally identifiable information shall take such actions
as are necessary to protect such personally identifiable information and to prevent its use or
disclosure except as expressly permitted in this chapter
b. A third party billing agent who, prior to the effective date of the ordinance codified in this
chapter, has obtained a tenant's personally identifiable information may disclose such
personally identifiable information only to the extent necessary to render its billing services.
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Chapter 13.52 THIRD PAR"fY BILLING REGULATION
a To the eMent required by federal, state, or local law a billing entfty may disclose
personally identifiable information in its possession (i) pursuant to a subpoena or valid court
order authorizing such disclosure, or (ii)to a governmental entity
8. Estimated Billing. If Aubum has billed the landlord using an estimate of utihty service
consumed, the billing agent may estimate the charges to be billed to tenants until billing based
on actual consumption resumes. Upon recefpt of a corrected bill showing that the estimated bill
overstated charges, the landlord must refund the difference to tenants. Upon receipt of a
corrected bill showing that the estimated bill understated charges, the landlord may attempt to
recover the underpayment from the tenants that actually incurred the charges during the billing
period, but shall not attempt to recover an underpayment from a tenant who did not reside in the
unit during the billing period in whfch the charges were incurred.
9 Submetering- Submetering is permitted as a way of allocating master metered utility services
to tenants provided the following conditions are met:
a. The submeters must be read prior to each billing.
b. A landlord may not en[er a unit without, and a tenant may not unreasonably withhold,
consent to enter the unit in order to perform sub-meter installation, reading, repair
maintenance, and inspection, including removal of the submeter for[esting; provided,
however that a landlord may enter a unit without a[enanYs consent in the case of a
submeter leak or emergency related to that uniPs submeter
c. If a tenant contests the accuracy of the submeter the tenant shall have the option of
demanding an independent test of the meter by a certified testing company If the meter
reads witMin a five percent range of accuracy the tenant requesting the test shall pay the
cost of the meter test. If the meter reads outside a five percent range of accurecy the
landlord shall pay for the cost of the meter test and within 30 days refund any overpayments
for the past three months based on a recalculation of the past year's billings by correcting
for lhe inaccurecy of lhe submeter Submetering thereafter shall only be permitted with a
repaired submeter
B. Nothing in this section shall be construed to prevent a landlord from addressing billing of master
metered or other unmetered utility services in a written addendum to a lease. A lease addendum may
be used to give the notice required under subsection (A)(1) of this section, so long as the lease
addendum is provided to the tenant with the notice required under that subsection, and so long as all
other requirements of this chapter are satisfied. (Ord. 6084 § 1 2007 )
13.52.050 Dispute resolution and remedies.
A. A dispute regarding the amount of charges or other terms and conditions contained in a bill shall
be resolved as follows:
1 The tenant must notify the billing entity ot the nature of and reason for the dispute by calling
the number shown on the bill or by writing a lelter to the billing entity within 30 days of receiving
the bill. The tenant must have a good faith basis for any such dispute.
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. Chapter 13.52 THIRD PARTY B[LLING REGULATION
2. Within 30 days of receiving notice of a billing dispute, the billing entity must contact the tenant
to discuss the dispute, and the billing entity and tenant must determine the amount of disputed
and undisputed charges. The tenant must pay all undisputed charges within 30 days of reaching
agreement with the billing entity
3. No late fees or interest charges shall accrue on any disputed poRions of a bill while the
amount is being resolved in accordance with subsections (A)(1) and (2)of this section, and no
collection activity related to the disputed portions of a bill may be instituted against a tenant that
has notifed the billing entiry of a dispute in accordance with this chapter
4 The tenant and billing entity shall continue to discuss in good faith any remaining disputed
amounts and attempt to reach an agreement on the amount due, if any within 60 days of the
bitling entity's receipt of notice of a billing dispute. If a tenant is unable to reach a satisfactory
resolution of any portion of a disputed charge within the allotted time, the tenant may exercise
any of the remedies set forth in subsection B of this section or any other available remedies;
provided, however that if within 120 days of the billing entity's receipt of notice of a billing
dispute, the tenant has not either exercised one of the remedies set forth in subsection B of this
section or paid the remaining disputed amounts, the landlord may exercise any legal or
equitable remedies available to it to collect the unpaid amounts; and provided further that
nothing in this subsection shall be construed to deprive a landlord of its right to exercise any
legal or equitable remedies available to it against a tenant that has not paid any undisputed
charges, has not followed the procedures set forth in this section, or has not exercised good
faith in disputing a charge.
B. If a tenant believes that it has been or will be subject to billing practices that violate any provision
set forth in this chapter including the failure to comply with the notice requirements of ACC 13.52.040
(A)(3), the tenant may, at its option, file a complaint against the landlord with the hearing examiner or
institute a civil action against the landlord, as follows:
1 The hearing examiner is hereby vested with the authority to hear and resolve, in a timely
manner, tenant complaints against landlords regarding billing prectices in accordance with its
rules and procedures then in force governing contested cases. The filing fee for such a case
shall be set at$25.00. Upon the finding of a violation of this chapter the hearing examiner shall
award actual damages (including but not limited to refund of any overpayment or other fees or
charges resulting from such violation, and costs of pursuing the claim) and a penalty of$100.00,
and may permit the tenant to terminate the rental agreement by written notice in accordance
with RCW 59.18.090. If the hearing examiner determines that the landlord engaged in prohibited
billing practices in deliberate violation of this chapter the penalty mentioned in the preceding
sentence shall also award attorneys'fees to the tenant. A final order or decision of the hearing
examiner may be subject to judicial review in the King County superior court in accordance with
the hearing examiner's rules and procedures.
2. In the alternative, a tenant may institute a crvil action against the landlord. Upon a finding that
the landlord engaged in billing practices that violate this chapter the couR shall award actual
damages (including but not limited to refund of any overpayment of other fees or charges
resulting from such violalion, and cost of pursuing the claim) and a penalty of$100.00, and may
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Chapter 13.52 7-HIRD PARTY BILLING REGULATION �
permit the tenant ro terminate the rental agreement by written notice in accordance with RCW
59 18-090. If the court determines that the landlord engaged in prohibited billing practices in
deliberate violation of this chapter the penalty mentioned in the preceding sentence shall be
5200.00, and the court shall also award attorneys' fees to the tenant
3. No late fees or interest charges shall accrue on any disputed portions of a bill while the
amount is being resolved by the hearing examiner or court, and no colledion activity or unlawful
detainer action alleging default in the payment of rent related to the disputed poRions of a biil
may be instituted against a tenant[hat has fled a complaint with the hearing examiner or
instituted a civil action in accordance with this chapter while the amount is being resolved by the
hearing examiner or court. If the hearing examiner or court resolves the dispute and f nds that a
tenant that has not acted in good faith in asseRing a billing dispute, the hearing examiner or
couR may order the tenant to pay lale fees and/or interest charges on some or all of the disputed
portions of the bill.
4 A landlord shall not pass on, charge, or otherwise allocate to tenants, in any manner
whatsoever any damages, fine or penalty (including attorneys fees)that the landlord is ordered
to pay under this chapter
C. The existence of an unresolved or pending billing dispute does not relieve a tenant of the tenant's
obligation to pay in a timely fashion all undisputed charges, including those undisputed charges that
accrue after the dispute resolution procedures of this chapter have been commenced. (Ord. 6084 § 1
2007 )
The Auburn Municipal Code is current through Ordinance
6584 and legislation passed through January 19, 2016.
Disclaimer The City Clerk's Office has the offcial version of the
Auburn Municipal Code. Users should contact the City Clerk's
Office for ordinances passed subsequenl to the ordinance cited
above.
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