Maryland residents deserve affordable water

The Maryland State Advisory Committee to the U.S. Commission on Civil Rights, of which we’re members, recently released a report on water affordability in the state, finding a lack of standards, unclear billing procedures and severe consequences for those who have trouble paying their bills.

Our briefings confirmed that water is unaffordable across Maryland, according to the Environmental Protection Agency definition, costing more than 2% of household income. And rates are predicted to continue rising, given decreased local and state revenues. Shut-offs may increase, while infrastructure maintenance declines. Low-income communities and communities of color will be hardest hit.

Despite these looming crises, Maryland has no uniform statewide standards or programs governing water access and affordability. Some communities offer no assistance to low-income residents.

And some offer discounts to low-income seniors and people with disabilities — but only to owner-occupants. Landlords are not required to grant discounted rates to tenants. No state law, program mandate or assistance exists that could help all residents in need, whether they own or rent their homes.

When an individual cannot keep up with water bills, water can be terminated without notice. Some municipalities never send late notices, they just turn off the water — and nearly half of those that do send notices charge a disconnect fee, plus another fee to reconnect. For those struggling to pay their bills, compounded fees make it nearly impossible to access water. Even worse, houses can be placed in tax sale for unpaid water bills. While this cruel practice was recently banned in Baltimore City, many Marylanders remain at risk of losing their homes for unpaid water bills. Further, not having running water can be grounds for the removal of children from the home.

Racial inequity is often an unacknowledged product of any policy that disadvantages tenants. After decades of discrimination in homeownership opportunities, people of color are now more likely to rent than to own their homes. Additionally, the legacy of historical policies promoting white middle-class flight out of cities, such as redlining and suburbanization, has directly contributed to failing water infrastructure in communities of color and to the lack of investment in maintaining or improving that infrastructure.

Historical housing discrimination is not the only factor at play. Water providers may opt for one-size-fits-all discount programs that are simple to administer, but do not account for various degrees of need. Such programs have embedded discriminatory patterns into the water rate system and do nothing to address inequities. Maryland law provides no cause of action for disparate impacts in housing and water service, which are difficult to quantify. Generally, local governing bodies do not collect data on shut-offs, liens and payment plans. Without adequate data, policymakers are not able to document or remedy inequities.

Is there help for Marylanders struggling to keep their water on? Not a lot. Very few municipalities offer assistance for low-income residents. Baltimore City residents who do qualify face an odd dilemma. Low-income residents who qualify for assistance from the water department can receive a debit card to pay the water bill. However, this assistance is calculated as self-employment income and taxed by state and federal governments. This tax formula could result in the poorest of poor families losing subsidized housing, SNAP, Social Security, or disability benefits.

To address the problems, our advisory committee recommends that:

Congress pass the pending Water Affordability, Transparency, Equity, and Reliability Act, which is the most comprehensive approach to improvement and ensure that everybody has access to safe, clean water;

The State of Maryland declare water assistance nontaxable income;

And water providers incorporate incomebased rate structures and discontinue punitive practices such as tax liens and shut offs.

We must make water affordable and accessible for all.