Sec. 604.108. - Misrepresentation by landlord as to furnishing of utilities or public services prohibited.

(a) It shall be unlawful and a class D offense for any landlord, whether directly or through an agent, manager or other representative, to represent to any tenant, whether before or after the tenancy begins, that the rental charge to the tenant, for occupancy of an apartment, room or other dwelling unit includes the furnishing of water, sewer service, garbage or rubbish collection or disposal, electricity, fuel oil, gas or any other utility or public service and to fail or refuse to furnish such utility or public service to the apartment, room or other dwelling unit at the time or for the period stated in the representation so long as the tenant thereof has not defaulted in the payment of the rental charge. (b) The offense described in subsection (a) of this Section shall be applicable with respect to each tenanted apartment, room or other dwelling unit owned or operated by the landlord as to which the representation therein mentioned is made. A separate violation shall be deemed to have been committed on each day during or on which the offense described in subsection (a) of this Section occurs or continues. (c) This Section shall not apply to a failure by a landlord to furnish a particular utility or public service when the failure is caused by a natural disaster, an act of war, a civil commotion or riot or the failure, refusal or inability of the supplier of the utility or public service to make it available to the landlord or to the dwelling unit involved; provided, that when the landlord, through no other source, is the supplier of such utility or public service, this Section shall not apply only in case of natural disaster, act of war or civil commotion or riot. (Ord. 74-909-479, § 1; Ord. 83-591-400, § 1) Note— Former § 330.413.