24 C.F.R. § 965.506

Surcharges for excess consumption of PHA-furnished utilities

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(a) For dwelling units subject to allowances for PHA-furnished utilities where checkmeters have been installed, the PHA shall establish surcharges for utility consumption in excess of the allowances. Surcharges may be computed on a straight per unit of purchase basis (e.g., cents per kilowatt hour of electricity) or for stated blocks of excess consumption, and shall be based on the PHA's average utility rate. The basis for calculating such surcharges shall be described in the PHA's schedule of allowances. Changes in the dollar amounts of surcharges based directly on changes in the PHA's average utility rate shall not be subject to the advance notice requirements of this section.

(b) For dwelling units served by PHA-furnished utilities where checkmeters have not been installed, the PHA shall establish schedules of surcharges indicating additional dollar amounts residents will be required to pay by reason of estimated utility consumption attributable to resident-owned major appliances or to optional functions of PHA-furnished equipment. Such surcharge schedules shall state the resident-owned equipment (or functions of PHA-furnished equipment) for which surcharges shall be made and the amounts of such charges, which shall be based on the cost to the PHA of the utility consumption estimated to be attributable to reasonable usage of such equipment.

Notes of Decisions

Cited in 1 case, 2012–2012 · leading case: Bennington Hous. Auth. v. Danielle Lake Bennington Hous. Auth. v. Krista A. Saunders & Adam Rousseau, 2012 VT 82 (Vt. 2012).

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Bennington Hous. Auth. v. Danielle Lake Bennington Hous. Auth. v. Krista A. Saunders & Adam Rousseau, 2012 VT 82 (Vt. 2012). · cites it 3× “” 24 C.F.R. § 965.506 (b). Windows are certainly not resident-owned appliances; thus, in order for BHA’s window-fines policy to be permissible as a surcharge for excess consumption of utilities, windows must be considered “PHA-furnished equipment.”

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