1. Your tenancy started after March 16, 2005

   You can be billed separately for water only if you move into your apartment on or after March 16, 2005. You cannot be billed separately if your tenancy began before March 16th, 2005 – the date that the new water law will be in effect.

2. Individual submeters are installed

   The landlord must have a licensed plumber install individual meters (called submeters) that measure the actual water being used by each apartment.

3. Low-flow fixtures are installed

   The landlord must have installed low-flow, water conserving faucets, showerheads, and toilets.

4. The previous tenant was not forced out

   If the previous tenant- who was not required to pay separately for water- left involuntarily, a landlord cannot bill the new tenant for water. This is to prevent landlords from forcing out existing tenants in order to bring in new tenants who would be required to pay a separate water bill.

5. There is a written rental agreement

   You must have a written rental agreement signed by your landlord that clearly states that you are responsible to pay a separate water bill, and what the billing arrangements are.

6. Landlord files certification

   Landlords billing separately for water must file a certificate with the local Board of Health, or, Inspectional Services Department, that certifies that they have done all of the above.

If the landlord has failed to follow any one of the above requirements, the tenant cannot be billed directly for water.

In May, the real estate lobby’s chief counsel, Philip S Lapatin, hailed the new statute, as "a victory" crowning a "17-year struggle by the real estate industry." But there was a "major drawback … the Legislature’s refusal to allow tenants to contract directly with the utility company…. The landlord will continue to be considered the utility company’s customer, responsible for the payment of all bills."

The strong support of former House Speaker Finneran and the Mass. Audubon Society failed to secure passage of earlier versions of the water-metering bill which were put forward by the real estate lobby. The compromise bill which finally became law this year as MGL chapter 186, section 22, was sponsored by outgoing State Representative Paul Demakis.

Mary Regan, housing organizer for the Cambridge Eviction Free Zone (EFZ), told us, "The real estate industry would have liked to charge all tenants for water without installing meters or taking conservation measures. The concerted efforts of tenant groups, Mass. Law Reform and Mass. Senior Action got [these provisions] into the compromise bill," giving renterss considerable leeway.

Regan urges any tenant who is asked to pay a water bill, and thinks the landlord isn’t fulfilling the legal preconditions, to call her at (617) 354-1300 ext.2, or email—

evictionfreezone@email.com