90.315 Utility
or service payments; additional charges; responsibility for utility or service;
remedies. (1) As
used in this section:
(a) “Public
service” means municipal services and the provision of public resources related
to the dwelling unit, including street maintenance, transportation
improvements, public transit, public safety and parks and open space.
(b)(A) “Public
service charge” means a charge imposed on a landlord by a utility or service
provider, by a utility or service provider on behalf of a local government or
directly by a local government.
(B) “Public
service charge” does not include real property taxes, income taxes, business
license fees or dwelling inspection fees.
(c) “Sewer
service” includes storm water service and wastewater service.
(d) “Utility or
service” includes but is not limited to electricity, natural or liquid propane
gas, oil, water, hot water, heat, air conditioning, cable television, direct
satellite or other video subscription services, Internet access or usage, sewer
service, public services and garbage collection and disposal.
(2) The landlord
shall disclose to the tenant in writing at or before the commencement of the
tenancy any utility or service that the tenant pays directly to a utility or
service provider that benefits, directly, the landlord or other tenants. A
tenant’s payment for a given utility or service benefits the landlord or other
tenants if the utility or service is delivered to any area other than the
tenant’s dwelling unit.
(3) If the
landlord knowingly fails to disclose those matters required under subsection
(2) of this section, the tenant may recover twice the actual damages sustained
or one month’s rent, whichever is greater.