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58-25,127. Separate metering for water by landlord; requirements; not public utility.

58-25,127

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 25.--LANDLORDS AND TENANTS

      58-25,127.   Separate metering for water by landlord;requirements; not public utility.(a) The term "public utility" within the meaning ofK.S.A.66-104, and amendments thereto, shall not include any person or entity in thebusiness of being a landlord who is supplied water by a city or water districtand who furnishes such water to its tenants pursuant to subsection (a)(5) ofK.S.A. 58-2553 or subsection (a)(6) of K.S.A. 58-25,111, and amendmentsthereto, with the use of a separatemeter to measure the water furnished to the tenant, so long as the landlordcharges the tenant at the same rate charged by the city or water district tothe landlord.Any lease between a landlord and tenant in effect at thetime this section becomes effective shall not be affected by the provisions ofthis section.The furnishingof water by a landlord to a tenant in accordance with this section shall not beconstrued as a sale for resale which may be subject to the jurisdiction of thestate corporation commission.

      (b)   The landlord shall not charge the tenant any surcharge for theinstallation, maintenance or any other purpose related to the use of a separatewater meter.

      (c)   The landlord shall provide the tenant with a monthly water statementshowing the computation of the amount the tenant owes, the tenant's meterreading for the current water statement period and the tenant's meter readingfor the prior water statement period.

      History:   L. 2005, ch. 72, § 1; July 1.

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