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Answer to Washer Woes Isn’t Cut and Dry

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<i> Postema is the editor of Apartment Age Magazine, a publication of the Apartment Assn. of Greater Los Angeles (AAGLA), an apartment owners' service group</i>

QUESTION: I recently moved into a two-bedroom apartment in Long Beach. It was built over a garage a couple of years ago on the back of a lot behind an older one-story house, which is also rented out.

When my unit was built, a laundry room was also constructed underneath it, on the first floor. The washer and dryer are coin-operated, and I didn’t give it a second thought until I noticed a “Utility Room” switch marked on my circuit breaker panel. When I threw the switch, the dryer stopped.

Now, I’ve learned that there are only two electrical meters on the property. I don’t have access to my hot water heater, but I’m guessing that I’m also paying for the water for the laundry room as well as paying for the gas to heat it and the dryer.

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This seems like double jeopardy to me. I am paying for all the energy and water costs for the laundry room, which is also used by the tenants in the house. It costs them $1.50 to do a load of laundry but it costs me a lot more than that. That seems unfair to me.

I have expressed my concerns to the landlord without results. I would appreciate answers to the following questions:

1--Should my landlord have told me about the utility arrangements before I moved in?

2--Is this double burden legal?

3--What steps can I take for an equitable solution to this problem?

ANSWER: Your landlord should have told you about the utility room wiring before you moved in. This double burden is, as you suggest, unfair, if not illegal.

According to a Southern California Edison Co. spokesman, this type of wiring is not all that uncommon. He said the laundry room should have been hooked to the “house” wiring, which you indicate doesn’t exist (two meters and two rentals).

He also said that he’s never seen such a case in which the owner did not reimburse the renter for his excess energy costs, which SCE can ascertain, after rewiring. However, he didn’t say that you could compel the landlord to rewire.

Assuming that you can’t get the landlord to rewire and rebate your past excess energy costs, you could sue him for the money in small claims court. However, to do so you need to know the amount for which you are suing.

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As always, a reasonable compromise, negotiated between you and the owner, in which you short-circuit the courts and/or any governmental agencies, is probably best for all concerned.

How about suggesting to the owner that he provide you with some kind of tokens (if no tokens are available, you’ll take cash) so that you can do your laundry for free?

In exchange, you won’t mind paying for the water, gas and electric when your neighbors do theirs. Of course, you also won’t complain about the wiring to SCE or the city.

If the owner objects to this proposal, how about a flat, monthly rent credit, the amount of which you negotiate with him? Or, will he pick up some portion of your utility bills?

The point is, a negotiated settlement of these kinds of problems is almost always the best way to go. A solution, assuming you are both reasonable, should be fairly easy to reach.

Can Renters Deduct for Unusable Pool?

Q: I live in a 28-unit apartment building in Los Angeles. The building includes a swimming pool, and that’s where a problem has surfaced. Twice this year the landlord was cited for failing to keep the pool clean.

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During July, we were unable to use the pool at all because the Health Department put up a citation notice forbidding swimming. We have pleaded time and time again with the owner to fix the pool’s filter but he hasn’t done so.

Several of the renters, who are avid pool users, deducted $100 from their August rents for the inconvenience of not being able to use the pool for a whole month. Do we have the legal right to withhold part of the rent when the owner fails to supply services?

A: Assuming you are covered by the Los Angeles rent law, and the pool was provided as a service when you rented the unit, and I’ll assume it was, you are entitled to a reduction in rent for its loss. The question, then, is to how much of a rent reduction are you entitled?

First, you are entitled to a reduction for the actual costs saved by the owner, such as his costs for water and electric. Those savings are prorated among the units, meaning, with 28 units, you each get one-twenty-eighth of the savings.

You are also entitled to something for the value of the pool as a service, which is difficult, at best, to compute.

For instance, if you’re Mark Spitz and chief reason you moved into the building was because of the pool, its value is much higher to you than to the senior citizen down the hall who can’t swim and would never use the pool.

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As always, a negotiated settlement is best. Failing that, you can complain to the Los Angeles Rent Adjustment Commission, which will investigate and determine a value for the pool.

Next time, try to work out settlement with the owner before arbitrarily deducting from the rent.

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