City Utilities Non-Payment Policy Rankles Local Landlord
J. Michael Digirolamo owes the Jamestown Board of Public Utilities $853.67 for utilities he didn’t even use.
Digirolamo, who owns two rental properties in the city, said according to a letter he received from the BPU, he owes the city-owned utility company money because two of his past tenants didn’t pay their bills.
“(The BPU) is putting liens on my property for bills unpaid by tenants I had. One dates back to 2013 and the other back to 2015,” Digirolamo said. “(The BPU) is trying to hold me responsible for it. I feel like a collection agency for them. I don’t think it is fair.”
David Leathers, BPU general manager, said for a long time, according to the city charter and code, unpaid utility bills that become delinquent accounts can become a lien on the property.
He said water, solid waste, sewer and electric can all become a lien on the property, which the property owner could have to pay if they sell their property.
Last year, however, the BPU restarted a policy that had been dormant for a couple years to levy delinquent utility bills onto property taxes. Leathers said water, solid waste and sewer can be added to a property owner’s tax bill. Electric, which is typically the largest utility charge from the BPU, cannot be levied onto a property owner’s tax bill.
“If a tenant doesn’t pay their utility bills, it goes to become a suspended debtor’s bill. If we cannot collect from the tenant, it can become a lien on the property,” Leathers said.
Leathers said landlords with suspended debtor’s accounts on their tax bills will have to pay the water and solid waste charges in 2018 and sewer in 2019.
Digirolamo said he remodeled a house on Newland Avenue, which isn’t the same location where his past tenants didn’t pay their utility bills, in the city that was a vacant and derelict property. He renovated the property and it is now back on the city’s tax rolls. He said because of the BPU’s suspended debtor’s policy, if he doesn’t pay the past tenants utility bills, the property he owns on Thayer Street could be foreclosed and be taken off the city’s tax rolls.
“I don’t feel that I should invest my money in Jamestown so I don’t have to deal with issues like this,” he said. “These charges stem from an agreement between the BPU and the tenants for utility services, which they were obligated to pay. I had no prior knowledge that either tenant was behind on their payments or that they had decided not to pay anything. I never received notices informing me that they were delinquent or anything stating that I would be held responsible for their bills.”
Leathers said the BPU does offer a third-party notification form to landlords who want to be notified if a tenant isn’t paying their bills. He said landlords can also call the BPU to confirm who is on the account at their property and if it is current. He added that if a landlord does select to pay a past tenant’s bill, the BPU will continue to try to collect money from the tenant and, if they are successful, the landlord will be reimbursed.
“It is a tough situation. Being a landlord is no fun,” Leathers said. “We want to work with them collaboratively. We have tools they can use to help.”
Digirolamo said he didn’t know the BPU offered a third-party notification until he called them about the bill he received about his tenants’ past utility charges.
“They never informed me. I just found out about it,” Digirolamo said. “I don’t know why I would have to ask for it. Every landlord would want it.”
Leathers said landlords with questions can call Kelly Hawkins, BPU finance and customer accounts manager, or Christy Cuifolo, BPU customer service supervisor, at 661-1607 for more information.





