West Virginia 2024 Regular Session

West Virginia House Bill HB5605

Introduced
2/12/24  

Caption

Relating to clarifying the responsibility of landlords and tenants for payment of water use expenses in leased dwellings after broken water pipes

Impact

The bill is designed to provide additional protections for tenants, recognizing the financial strain that can result from sudden increases in water bills due to broken pipes that landlords may neglect to repair promptly. It aims to foster a fairer responsibility-sharing mechanism between landlords and tenants and encourage timely maintenance of water infrastructure. By doing so, it aims to ensure that tenants are not unjustly penalized for circumstances beyond their control while promoting property habitability.

Summary

House Bill 5605 seeks to clarify the financial responsibilities of landlords and tenants regarding water use expenses incurred when water pipes break in rented dwellings. Specifically, the legislation mandates that if a water line breaks due to no fault of the tenant, any water usage charges exceeding the average monthly bill calculated from the past twelve months must be covered by the landlord, while the tenant is only liable for the average amount. This provision intends to protect tenants from exorbitant water bills following incidents of infrastructure failure within their residences.

Sentiment

The sentiment surrounding HB5605 appears to be generally supportive among tenant advocacy groups and social justice proponents who view it as a necessary reform to tenant rights. Conversely, some landlord associations and real estate interest groups may view the bill with skepticism, likely expressing concerns about potential implications for landlord liability and financial burdens associated with maintaining rental properties. Overall, the discussions revolve around fairness in tenant-landlord relationships and the necessity for proper property upkeep.

Contention

Notable points of contention may arise concerning the enforcement of the bill's provisions and the potential for landlords to dispute claims of negligence or delay in repairs. There may be debates about how the average water bill is calculated and whether it provides sufficient protection for tenants against spikes in charges. The language of the bill, especially regarding what constitutes 'negligent or intentional acts' by tenants, could lead to differing interpretations and possible legal challenges.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3291

Relating generally to landlords and tenants

WV SB677

Clarifying role and responsibilities of State Resiliency Officer

WV HB2099

Allowing a tenant to recover deposits in full if a landlord has failed any Dwelling Unit Inspections

WV SB8

Clarifying that tenancy includes persons who reside in sober living home

WV HB2544

Make investigation and enforcement of the Patient Brokering Act the responsibility of OHFLAC

WV HB2955

Relating to the establishment and operation of regional water, wastewater and stormwater authorities

WV HB2864

To require larger municipally owned public water and wastewater utilities to pass rates to meet the same standards as utilities regulated under Chapter 24 of the Code

WV HB3442

Creating of the Mountain Bike Responsibility Act

WV HB3426

Establishing certain tenant protections and landlord notice requirements at rental properties

WV SB241

Patient Brokering Act

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