Lightbringer
New Member
I'm in somewhat of a quandry here and not really sure what to do.
My mom is a 67 year old UAW widow who lives in a modular home community. She pays a mortgage, rent and all her utilities including water, which is where this situation starts. In Oct of 2006 my Grandmother passed away. My mom had been carring for her till that time with the help of my sister and her daughter. She was diagnosed with terminal Lukemia and Emphazema. Because of the amount of people here in the house and the high water bills, and the fact that both my grandmother and mother were on fixed incomes, they had to be very concious of their water consumption.
After my grandmother passed and my sister and niece moved out, my mother got a job and lived alone for the next 18 months. During this period she recieved a water bill for 4 dollars. She was in great relief as the previous water bills had been much higher in 2005 and 2006. Then approx 2 weeks later she recieved a second bill for almost 300 dollars being due in approx 7 days. When she called to inquire she was told there was an error in the metering so they had estimated a bill for her and would extend the due date so she would not be charged a late fee. So she paid it. Her water bill is billed in quarters, and 3 months later she got another 4 dollar water bill. This time knowing it couldn't be correct she again called the DPW and was told that her water meter was broken and the maintainance dept at her modular home park would need to replace it. That they would contact them and get it taken care of. My mother also contacted the office to make sure they knew about the situation. They informed her that the Department of public works had to contact them to let them know and that the resident couldn't do it.
And so it went for approximatley 18 months. She misered her water , trying desperatly to get the bill to go down. She continued to get estimated water bills, set at a rate of use that would accomidate 3 healthy adults and one terminal adult. Each billing cycle getting a 4 dollar water bill then calling and getting an estimated water bill. Each time assuring my mother they had in fact contacted the office and would again contact them so as to get the meter repaired. In 2005 my younger brother suffered a terrible heart attack. She has moved in with him to care for him, and while she is staying there , I came here to stay and try to get her bills back on track.
First I stopped paying the water bill, I refused to pay anymore estimated bills, this went 2 billing cycles and was due to be turned off. At that point the Moble home park payed the water bill and sent notice that now they would not accept the lot rent unless the water bill accompinied it. I can tell you at this point I was completely enfuriated. I contacted the DPW this time myself and started to go thru with the ladies there what had happened .They informed me that the Mobile Home Park had been contacted many times, and that she could place a FOIA request and see all the notes that were on her account . Also that the billing ladie there was in training but would get back to me and set up something to try to get some of the past bills credited to her account. At this point I called the Office myself and was asked to come in to discuss it with the new manager . When I got there he was going over the maintanance reports and logs trying to see where they had dropped the ball, after a short meeting the manager assured me the meter would be replaced the next day, and to his credit it was. Once they arrived I called both his office and the DPW to inform all interested parties that the meter was being replaced as I spoke to them, the Manager of the park was very smug when he said see I told you it wouild be. I then decided to discuss this outstanding water bill. I informed him that I still had no intention of paying the water bill, I had worked out an arrangement with the water dept and my mom and the DPW would moniter her for 6 months , bill her correctly during that period then go back and credit her account accordingly.
So I went thru the yellow pages to locate an attorney who could shed some light on our rights here. He explained that because the DPW had tried countless times to get the water meter fixed that they had no accountability for this fiasco. That they were within their rights to estimate the water bill indefinatly until the meter got fixed. So I then asked About the mobile home park, what was there liability? He explained that while she would not be able to get damages (Which I don't understand, as it seriously affected her quality of life.) she should be able to get the park to agree to a partial refund of her lot rent as they had obviously failed to render services as agreed upon in the terms of the lease.
So I called to he park Manager and presented him with what I had been told, and he threw a fit. He yelled at me told me I was just trying to get money from the park, it was unbelievable. So I hung up, intent on going down to the city filing a lawsuit in small claims and putting the rent in escrow with the court the following morning.That afternoon while I was out, the manager called and asked that I call him, that to help ease the situation they would see what they could do about helping with the water bill. (I found out later he had spoken with DPW and knew we were going to be getting the water moniterd and credited .) The following morning before I set out to the court building to file my motions, I called him and explained that we had already worked the bill out with the DPW and they like us would be getting a credit for the overage, and that I was going to the court as we spoke to file a motion to make them return a portion of her rent for failing to comply with the lease agreement .After blustering and posturing for a moment he said I'd have to come into the office and have a meeting with the owners of the park the next day. So I held off on going and filing the motions. ( Up to this point the rent was not late.) We met with the owners the day the rent was due, and at the conclusion, we were told they needed to do some math and would get back to us. This was Thursday June 5th. Its been 3 days so I asked my mom to call her free UAW attorney's. They told her she bettert go pay the rent, all she would ever be entitled to would be the overages on the water .
My question is this. How is it, that monies she should never have been charged to begin with being credited back to her account at the water department would wash the mobile home park of its liability to maintain its own equipment ? I mean she pays 2 bills, was over charged by one because of the incompetence of the other, whom she paid seperately. According to the attorney I spoke with these things are 2 seperate entities. The first being monies returned that should never have been charged to start with, the second being a refund for services not rendered.
The the one my mom spoke to saying the park has no responsibility in the matter. I find myself in disbelief of the whole situation. Do I go give them the rent and the water bill? do I go file a motion and put the rent in escrow, before I can be served a notice to quit ? Or do I wait for a response form the parkowners and proceed from there, and if I do go file motions, is she entitled to damages ? (remember I now have to try to live an additional 6 months misering water as she did to try to get back the money she has coming.)
My mom is a 67 year old UAW widow who lives in a modular home community. She pays a mortgage, rent and all her utilities including water, which is where this situation starts. In Oct of 2006 my Grandmother passed away. My mom had been carring for her till that time with the help of my sister and her daughter. She was diagnosed with terminal Lukemia and Emphazema. Because of the amount of people here in the house and the high water bills, and the fact that both my grandmother and mother were on fixed incomes, they had to be very concious of their water consumption.
After my grandmother passed and my sister and niece moved out, my mother got a job and lived alone for the next 18 months. During this period she recieved a water bill for 4 dollars. She was in great relief as the previous water bills had been much higher in 2005 and 2006. Then approx 2 weeks later she recieved a second bill for almost 300 dollars being due in approx 7 days. When she called to inquire she was told there was an error in the metering so they had estimated a bill for her and would extend the due date so she would not be charged a late fee. So she paid it. Her water bill is billed in quarters, and 3 months later she got another 4 dollar water bill. This time knowing it couldn't be correct she again called the DPW and was told that her water meter was broken and the maintainance dept at her modular home park would need to replace it. That they would contact them and get it taken care of. My mother also contacted the office to make sure they knew about the situation. They informed her that the Department of public works had to contact them to let them know and that the resident couldn't do it.
And so it went for approximatley 18 months. She misered her water , trying desperatly to get the bill to go down. She continued to get estimated water bills, set at a rate of use that would accomidate 3 healthy adults and one terminal adult. Each billing cycle getting a 4 dollar water bill then calling and getting an estimated water bill. Each time assuring my mother they had in fact contacted the office and would again contact them so as to get the meter repaired. In 2005 my younger brother suffered a terrible heart attack. She has moved in with him to care for him, and while she is staying there , I came here to stay and try to get her bills back on track.
First I stopped paying the water bill, I refused to pay anymore estimated bills, this went 2 billing cycles and was due to be turned off. At that point the Moble home park payed the water bill and sent notice that now they would not accept the lot rent unless the water bill accompinied it. I can tell you at this point I was completely enfuriated. I contacted the DPW this time myself and started to go thru with the ladies there what had happened .They informed me that the Mobile Home Park had been contacted many times, and that she could place a FOIA request and see all the notes that were on her account . Also that the billing ladie there was in training but would get back to me and set up something to try to get some of the past bills credited to her account. At this point I called the Office myself and was asked to come in to discuss it with the new manager . When I got there he was going over the maintanance reports and logs trying to see where they had dropped the ball, after a short meeting the manager assured me the meter would be replaced the next day, and to his credit it was. Once they arrived I called both his office and the DPW to inform all interested parties that the meter was being replaced as I spoke to them, the Manager of the park was very smug when he said see I told you it wouild be. I then decided to discuss this outstanding water bill. I informed him that I still had no intention of paying the water bill, I had worked out an arrangement with the water dept and my mom and the DPW would moniter her for 6 months , bill her correctly during that period then go back and credit her account accordingly.
So I went thru the yellow pages to locate an attorney who could shed some light on our rights here. He explained that because the DPW had tried countless times to get the water meter fixed that they had no accountability for this fiasco. That they were within their rights to estimate the water bill indefinatly until the meter got fixed. So I then asked About the mobile home park, what was there liability? He explained that while she would not be able to get damages (Which I don't understand, as it seriously affected her quality of life.) she should be able to get the park to agree to a partial refund of her lot rent as they had obviously failed to render services as agreed upon in the terms of the lease.
So I called to he park Manager and presented him with what I had been told, and he threw a fit. He yelled at me told me I was just trying to get money from the park, it was unbelievable. So I hung up, intent on going down to the city filing a lawsuit in small claims and putting the rent in escrow with the court the following morning.That afternoon while I was out, the manager called and asked that I call him, that to help ease the situation they would see what they could do about helping with the water bill. (I found out later he had spoken with DPW and knew we were going to be getting the water moniterd and credited .) The following morning before I set out to the court building to file my motions, I called him and explained that we had already worked the bill out with the DPW and they like us would be getting a credit for the overage, and that I was going to the court as we spoke to file a motion to make them return a portion of her rent for failing to comply with the lease agreement .After blustering and posturing for a moment he said I'd have to come into the office and have a meeting with the owners of the park the next day. So I held off on going and filing the motions. ( Up to this point the rent was not late.) We met with the owners the day the rent was due, and at the conclusion, we were told they needed to do some math and would get back to us. This was Thursday June 5th. Its been 3 days so I asked my mom to call her free UAW attorney's. They told her she bettert go pay the rent, all she would ever be entitled to would be the overages on the water .
My question is this. How is it, that monies she should never have been charged to begin with being credited back to her account at the water department would wash the mobile home park of its liability to maintain its own equipment ? I mean she pays 2 bills, was over charged by one because of the incompetence of the other, whom she paid seperately. According to the attorney I spoke with these things are 2 seperate entities. The first being monies returned that should never have been charged to start with, the second being a refund for services not rendered.
The the one my mom spoke to saying the park has no responsibility in the matter. I find myself in disbelief of the whole situation. Do I go give them the rent and the water bill? do I go file a motion and put the rent in escrow, before I can be served a notice to quit ? Or do I wait for a response form the parkowners and proceed from there, and if I do go file motions, is she entitled to damages ? (remember I now have to try to live an additional 6 months misering water as she did to try to get back the money she has coming.)
