We wanted to take this opportunity to remind you of the importance of properly ordering a Title Read Letter from the NYC Department of Environmental Protection (DEP) to ascertain the status of the Seller’s Water/Sewer account prior to Closing title on your transaction. As you likely know, DEP has restricted 3rd party, non-owners’ access to on-line Water/Sewer account information. Title companies can no longer obtain copies of prior DEP invoices or billing period information to assist you with your adjustments or account status inquiries.
It is more important than ever for attorneys to order the Title Read Letter at least thirty (30) days prior to your Closing which will give DEP the requisite time to either issue the Title Read Letter or schedule a field inspection (if DEP determines an inspection is necessary to verify the condition of the meter). Provided the Title Read Letter is properly ordered, and the property transfer is part of a completely arm’s length transaction, DEP will not subsequently adjust Water/Sewer charges on an account more than the amount shown on the Title Read Letter for any applicable period prior to the issuance of the Title Read Letter (ie. Purchasers will not be liable for any additional Water/Sewer charges that were incurred by property owner prior to the Closing but did not appear on the Title Read Letter, for any reason). The cost of the Title Read Letter is 25.00 but the parties may rely on it for up to sixty (60) days from the date of its issuance.
Below you will find two (2) links to DEP resources that we hope you find very useful to both facilitate ordering a Title Read Letter as well as to answer other questions that may come up when dealing with DEP issues.
https://www1.nyc.gov/assets/dep/downloads/pdf/pay-my-bills/how-to-pay/buying-or-selling-property-guide.pdf#:~:text=Request%20a%20title%20water%20meter%20reading%20from%20DEP,at%20%28718%29%20595-7000%20to%20schedule%20a%20title%20reading.
https://www1.nyc.gov/assets/nycwaterboard/downloads/pdf/rates/fy2023_rates.pdf
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