Water Watch NYC

Everything you need to know about water in NYC.


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Goodbye DEP Commissioner Emily Lloyd

After over forty years of public service to the City of New York, DEP’s Commissioner Emily Lloyd has taken a definitive leave of retirement due to her medical condition.

We at Ashokan greatly thank Emily for her services to the public and for her contributions to the people of New York City. Emily has worked as the DEP’s Commissioner for two terms; the first during Mayor Bloomberg’s reign and now under de Blasio’s governing hands. Her efforts have and ensured that all NYC residents have access to the cleanest water in the eastern seaboard.

Ex-Commissioner Lloyd has an outstanding history of serving the public. She has held positions such as the Commissioner of Sanitation and as President of the Prospect Park Alliance. Ms. Lloyd’s efforts has done so much for the people of New York throughout her career in order to ensure the protection and maintenance of the city’s recreational areas.

We all wish her a warm goodbye and the best with her recovery in the future.


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Victory for Taxpayers of New York

Just short of a week ago, Supreme Justice Carol Edmead voided the Water Board and City Hall’s authority to impose a water rate hike for this year as well as terminated the program to reimburse small homeowners on their water bill credit.

Citing unfair and preferential distribution of funds, the city of New York and the Water Board were stopped in their tracks by the people of New York.

Thanks should be given to Joseph Strasburg of the Rent Stabilization Association who fought against City Hall and the Water Board for this win for the people of New York.

Further applause should be given to Justice Edmead who is protecting the taxpayers of New York and our fragile water system from the greedy hands of politicians.


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Supreme Justice Shuts Down City Water Hike

On Monday, Supreme Court Justice Carol Edmead declared that NYC Water Board will not have the authority to raise the water rate for fiscal year 2017. This motion froze and voided the Water Board’s authority to raise the cost of water by 2.1% and eliminates de Blasio’s homeowners’ water credit reimbursement program.

Immediately following the decision, the City has decided to appeal this order.

The judge’s final decision came after retaliation from Rent Stabilization Association members and various landlords who ordered that the actions of the Water Board and City Hall were inequitable. The water credit program favored small homeowners and excluded apartment, property, co-op, and condo owners.

According to court papers, Justice Edmead decided that the reimbursement program violated and surpassed the boundaries of the Water Board’s authority.

 

 


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De Blasio Proposes One-Time Water Bill Credit for All Small NYC Homeowners

Dressed in an ash grey suit with a periwinkle tie, Mayor Bill de Blasio exclaimed, “Today we are righting (sic) a wrong”.  Back in late April in Bay Ridge, Mayor de Blasio developed a plan for New York City homeowners to save money on their water bills by having the city present a one-time water credit to all homeowners within the five boroughs.

“This is part of an overall effort to address the needs of everyday working people all over the city to make sure that what city does is fair,” proclaimed de Blasio.

The push for this proposal was de Blasio’s belief that homeowners within the five boroughs were paying too much for their water bills. Backed by the Department of Environmental Protection’s Commissioner Emily Lloyd, de Blasio proposed a $183 one-time water bill credit to all homeowners with one to three family units within the five boroughs.

According to de Blasio, the proposed bill would cover about 664,000 homeowners for the summer. The 664,000 homeowners make up about 80 percent of all water bill accounts. With this one-time bill credit, homeowners can save 17 to 40 percent on their annual water bill.

Seniors who make up 120,000 of the total amount of homeowners residing in the city will also benefit greatly from an additional bill credit.

“This action we are announcing today will save homeowners across all five boroughs a total of 82 million dollars in fiscal year 2016, the fiscal year we are in right now. Eighty-two million,” said de Blasio.

According to the DEP, this credit program has already passed water board committee members and will be in effect as of July 1st. This is the first step in a series of changes the mayor is attempting to put into effect for water use policies.

 


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Is Frontage Dead?

One year ago, I lamented the fact that the Water Board  had not kept its  20 year old promise to  eliminate frontage.  It  just changed the program name from Frontage to Multifamily Conservation Program (MCP) .  MCP is a “Green” name.  It even has the word Conservation in it.  At that time I acknowledged that the MCP had one advantage over frontage and that was the DEP requirement that owners repair all  leaks and   install low flow water fixtures in 2015.

Well, the Water Board’s  new rate schedule will roll back the compliance date to 2016.  Property owners can safely  stay on the MCP program without taking any conservation measures for three more years.  If past performance is any indication of things to come, the City will most likely extend the deadline for compliance each time it approaches.  Unfortunately, nothing will change until NYC is faced with a drought and then it will be too late to accomplish anything.

Long Live Frontage a.k.A. MCP.


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What’s Wrong with the Water Board’s Payment Agreement

The cost of entering into a payment agreement with the NYC Water Board to get your property out of the water bill lien sale is giving up your right to challenge the accuracy of the charges. If you have a $50,000 outstanding balance on account that is about to go into a lien sale, which will result in hefty fees, and you do not have enough cash to pay the balance, you can enter into a payment plan with the Water Board which will take the property off the lien sale, but you must agree that all of the charges are valid and waive your right to ever dispute any of them.  So if it turns out later that the Water Board misread your meter and billed you ten times what it should have, you cannot demand the Water Board correct the bill and reduce your debt—you are on the hook to pay the overcharges, interest and all.

The terms of the payment agreement charge you the same 9% interest normally charged on open balances and you must make timely payments of all new charges as well as the scheduled payments.  If you default by missing any payment, the Water Board may put the balance back on the lien sale list, but embedded overcharges still may not be disputed.  (And the Water Board does not agree that it may not revise those charges to a higher amount should it find an error in your favor.)

The Water Board is taking advantage of the customer’s lack of any bargaining power in order to coerce customers into waiving their basic economic right to dispute overcharges and obtain equitable relief.  The balance of equities, like the agreement, is one sided.  No customer bargains for these terms.  There is no loss or hardship to the Water Board without this provision which only helps the DEP to unjustified windfalls at its customers’ expense.  On the other hand, there is no real consideration or benefit given to the customer, such as reducing the amount of the debt and/or not charging interest on the debt, in return for entering into the agreement.  The customer enters the agreement because his back is against the wall.  This is coercive and imbalanced due to the government’s far greater power and the Water Board should drop this provision from the payment agreement in the interest of justice.

The lien sale is supposed to aid the City to collect honest debts.  It is not supposed to be a sword used to coerce members of the public into giving up the right to a fair accounting of their debt.  When the City Council authorized the Water Board to sell water tax liens, it failed to safeguard the public from Water Board using the lien sale to coerce the public.


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Does Conservation Equal Higher Water Bills?

I would just like to quickly clarify something about the relationship between conservation, water rates and water bills.

Conservation necessitates higher water rates. There is no way around it: If we consume less of a product (in this case, water) then the product’s variable costs go down. But its fixed costs remain the same which equals a higher cost per unit.

But there is another thing to take into account. If we are conserving water, if we are truly using less of it, then even at a higher cost per unit, our total cost should go down.

Now let’s evaluate the opinion of Coucilman Vacca in the previous post, an opinion shared by many who spoke at last week’s City Council hearing. How can New Yorkers who are conserving water be seeing their water bills go up even as they are dying of dehydration?

The answer is that approximately one-third of the percentage points of the rate hike (4-5%) is going to fund things that are only remotely related to the cost of water, like the unfair rental agreement!

So to conclude: The DEP must stop blaming their rate hikes on conservation. Sure, conservation contributes but if you’re conserving water and your bill is too high, conservation is not to blame. Economics has proven that. The fault lies with the DEP and their enormous budget that continues to spiral out of control.