PixelRogue
Member
Hello everyone,
Have a situation which I have taken as far as I can go within the offices of Aqua America. Now considering challenging the situation in court under discrimination. Looking for any advice, direction and possibly legal consul willing to take on a large utility.
Short
Aqua America changed the classification of my small 4-unit residential properties from residential to commercial.
Net result of much higher rates. Properties now require installation of back flow meters (for commercial status) and additional fees and expenses for annual inspections of said meters.
Background
Have a situation where Aqua America reassessed three 4 unit residential properties. These properties are considered residential by any standard definition from (lending, banking, safety codes, zoning - you name it).
� Multi-family buildings under 4-units are residential.
� Multi-family buildings 5+ units are considered commercial.
Aqua America only references apartments as apartment 'complexes' and is grouped in definition with large commercial businesses.
Aqua America does not bill all of their customers who own multi-unit properties as commercial. When this point has been expressed, Aqua's response states to the effect of "We are not talking about other properties. Your properties are going to be classified as commercial." To me, this is discrimination. If Aqua America is going to change the status of each of my small multi-unit properties as commercial, Aqua must charge all multi-unit properties under the same guidelines.
History
In efforts to understand why one of the properties bills were consistently higher, I explored several options with Aqua from hiring a plumber to check of unknown leaks (there were none) to downsizing the meter. The water bills for that particular building were much higher than my other similar properties (which were occupied by more people). Eventually an Aqua representative stated that one building was listed as commercial while the others were listed as residential. She stated commercial accounts were cheaper.
Her explanation seemed to make sense as it was the only avenue left unexplored over the course of several years. As such, contact Peco to inquire. <- yes, brought this on myself. Many many months pass with no response from Aqua. When I would call in for status update, each response from different representatives would contradict the previous response. Eventually I started to express frustration asking for a single person with whom to communicate and expressing frustration that were no written responses to the written correspondence. One day, my call is forwarded to manager who appeared agitated with situation, nearly angry. He stated there would be an investigation and rushed off the phone. Aqua kindly reminds me they are being nice as they have the right to back bill for a number of years in such a re-characterization of a property.
Turns out none of the properties were commercial - all residential. Aqua, however, recategorized ALL of them now as commercial applying unnecessary finical strain and burden on a business experiencing the same financial struggles as most Americans.
The changes which were made by Aqua appear punitive. In addition, the definition of 'Apartment Complex' is not defined by Aqua and Aqua appears to use the term loosely. I have continued pushing this situation w/Aqua which has only resulted in Aqua display of frustration, their large monopoly attitude and abrupt behavior always ending with 'this matter is considered over and finished.'
Yes, I know I brought Aqua's attention to the matter and all of this could have been avoided had I kept quiet. Given what appears to be discrimination, punitive action, along with the attitudes of the situation I'm looking to challenge.
----
Is this discrimination? Is there a case? Is this worth pursuing further?
Have a situation which I have taken as far as I can go within the offices of Aqua America. Now considering challenging the situation in court under discrimination. Looking for any advice, direction and possibly legal consul willing to take on a large utility.
Short
Aqua America changed the classification of my small 4-unit residential properties from residential to commercial.
Net result of much higher rates. Properties now require installation of back flow meters (for commercial status) and additional fees and expenses for annual inspections of said meters.
Background
Have a situation where Aqua America reassessed three 4 unit residential properties. These properties are considered residential by any standard definition from (lending, banking, safety codes, zoning - you name it).
� Multi-family buildings under 4-units are residential.
� Multi-family buildings 5+ units are considered commercial.
Aqua America only references apartments as apartment 'complexes' and is grouped in definition with large commercial businesses.
Aqua America does not bill all of their customers who own multi-unit properties as commercial. When this point has been expressed, Aqua's response states to the effect of "We are not talking about other properties. Your properties are going to be classified as commercial." To me, this is discrimination. If Aqua America is going to change the status of each of my small multi-unit properties as commercial, Aqua must charge all multi-unit properties under the same guidelines.
History
In efforts to understand why one of the properties bills were consistently higher, I explored several options with Aqua from hiring a plumber to check of unknown leaks (there were none) to downsizing the meter. The water bills for that particular building were much higher than my other similar properties (which were occupied by more people). Eventually an Aqua representative stated that one building was listed as commercial while the others were listed as residential. She stated commercial accounts were cheaper.
Her explanation seemed to make sense as it was the only avenue left unexplored over the course of several years. As such, contact Peco to inquire. <- yes, brought this on myself. Many many months pass with no response from Aqua. When I would call in for status update, each response from different representatives would contradict the previous response. Eventually I started to express frustration asking for a single person with whom to communicate and expressing frustration that were no written responses to the written correspondence. One day, my call is forwarded to manager who appeared agitated with situation, nearly angry. He stated there would be an investigation and rushed off the phone. Aqua kindly reminds me they are being nice as they have the right to back bill for a number of years in such a re-characterization of a property.
Turns out none of the properties were commercial - all residential. Aqua, however, recategorized ALL of them now as commercial applying unnecessary finical strain and burden on a business experiencing the same financial struggles as most Americans.
The changes which were made by Aqua appear punitive. In addition, the definition of 'Apartment Complex' is not defined by Aqua and Aqua appears to use the term loosely. I have continued pushing this situation w/Aqua which has only resulted in Aqua display of frustration, their large monopoly attitude and abrupt behavior always ending with 'this matter is considered over and finished.'
Yes, I know I brought Aqua's attention to the matter and all of this could have been avoided had I kept quiet. Given what appears to be discrimination, punitive action, along with the attitudes of the situation I'm looking to challenge.
----
Is this discrimination? Is there a case? Is this worth pursuing further?
