questions & answers

Question: I work for a mobile home community owner. The local municipality supplies our water. They also are responsible for maintenance of the water distribution system up to and including their meter. We then submeter the water at each individual site for each homeowner. We are also responsible for maintaining the distribution system from the City's meter up to and including the meter on each homeowner's site. Then the homeowner is responsible to maintain the system from the submeter cutoff valve into their home. This is the same with all utilities - gas & electricity. Is this correct?

Answer: I always recommend consulting the Arizona Mobile Home Park Residential Landlord and Tenant Act found here: https://housing.az.gov/sites/default/files/documents/files/Arizona%20Mobile%20Home%20Parks%20Residential%20Landlord%20Tenant%20Act%20%20_October%202014_(3).pdf The applicable statute on utilities and submetering is A.R.S. 33-1413.01. It reads: 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. 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.