Court of Appeals Holds that Property Owner Is Financially Responsible for Unpaid Water Bills of Its Tenants

ByDouglas C. Melcher

On April 12, 2012, the District of Columbia Court of Appeals decided Euclid Street, LLC v. D.C. Water and Sewer Authority, No. 09-CV-894, slip op. (D.C. Apr. 12, 2012) in which it considered whether a property owner is financially responsible for the unpaid water bills of its tenants. The plaintiff-appellant in this case – a property owner – filed suit against the District of Columbia Water and Sewer Authority (“WASA”) seeking declaratory and injunctive relief after WASA billed the plaintiff-appellant for the unpaid water bills of its tenants and then filed a lien against its property after it refused to pay. The trial court dismissed the complaint. The Court of Appeals affirmed the dismissal on the grounds that, pursuant to D.C. Code § 34-2407.02 and related regulations, “the obligation to satisfy outstanding water service fees runs with the property where the water was consumed.” Accordingly, the Court of Appeals concluded, “WASA was authorized to bill [the property owner] for the delinquent tenant accounts and to file a lien against its property when [the property owner] refused to pay amounts that had been overdue for more than sixty days.”

Douglas C. Melcher

I am a licensed attorney with about twenty years of experience in the private practice of law. I focus my practice on advising and representing individuals, small businesses, and non-profits in civil litigation, including trial court proceedings, appeals, administrative hearings, mediation, and arbitration. I have written numerous articles for D.C. Law Blog and other publications, and am the author of Tort Claims and Defenses in the District of Columbia, which is a handbook for lawyers about civil claims for injury to persons, property, reputation, and commercial interests. Please feel free to contact me if you would like to inquire about assistance with a legal matter. I can be reached at dmelcher@melcherlaw.com or 202-427-5753. For further information about my background, click here.