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Wires crossed for electric heat bill
July 5, 2009

Q. I have a problem with my electric heating bill. When I moved in seven months ago, the lease had a Heating Cost Disclosure statement indicating the monthly estimated heating bill would be $150.

ComEd sent me an estimated bill of $70 per month because my landlord had not let it anybody to read the meter. Well, the meter was finally read and I was charged $1,400 more. The bill is now estimated at $300 a month.

The landlord will not help me out. He says he did not know it would be that much, since no one had lived in my unit before. I would not have taken the place if I had known it would be that high. Is there anything that I can do?

A. Chicago law requires the landlord to provide new tenants paying for their own heat with the projected average monthly utility cost. This is usually calculated by the utility. It is based on the former occupants' previous 12 months usage, taking into account current or projected rates and normal weather conditions.

Landlords charging separately for heat, such as in centrally heated or master-metered buildings, must also provide heat disclosure estimates.

The disclosure is to be made before application money is paid, and also included in the lease. Landlords submit a request to the appropriate utility, using a form available from the Chicago Department of Business Affairs and Consumer Protection (www.cityofchicago.org).

The utility sends the information in a letter to the landlord. Two copies of the letter should be handed to the applicant, one to keep, the other to sign and return to the landlord acknowledging receipt of the estimate.

For a heating system without a prior history, the landlord must obtain the estimated projection as specified by the ordinance. Weather conditions and tenant-controlled settings will cause bills to vary from the estimate. The ordinance holds the tenant responsible for paying the bill, regardless of the estimate.

Landlords who fail to provide estimates or give fraudulent ones are subject to city fines up to $500. BACP has enforcement powers for the Heating Cost Disclosure Ordinance.

There is no ordinance recovery remedy for a tenant, although filing a complaint with BACP, 311, may produce relief through the BACP's hearing process. Free mediation with the Center for Conflict Resolution is also available, (312) 922-6464. A private lawsuit, to be successful, would require a very high level of proof for fraudulent intent.

Write mediator Ed Sacks at Apartment Watch, Homelife, Chicago Sun-Times, 350 N. Orleans, Chicago, IL 60654, or e-mail apartmentwatch@earthlink.net.

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