I Landlord expecting payment for water charge

By taras1

I have a large custom 2 family house in NYC. I reside in one apartment with my son.
I rent the other apartment to a couple for a few years now with a Lease. The 2 year Lease was renewed last year.
I have one large water heater and one water meter. I got talked down in rent when they moved in.
 I did request an estimated water payment of $25.00 and in Lease. Lease states water charge can change at anytime
deemed necessary due to Water Board increase or usage. Note: there are 2 tenants and 2 people in my apt. also.
What I did is take the 4 previose water bills, add them together and devide it in half. then devided it by 12 to get estimate of water use for each apartment. I do not want to cheat my tenant. In the Lease there is a clause stating they cann’t bring another person to live in there apartment. About 6 weeks ago they had a baby. They are both at home most of the time. Anyway, I now requested a $12.50 increase for an additional person. Yes it is a baby, but they have a washer and dryer in the basement. There has been lots of small washes of baby clothes, I am not sure if they adjust water amount for the wash or not. My tenants claim they do not have to pay for water for a baby, it doesn’t use much water. Well I disagree and we really do not know what the usage is until three months from now to get a bill. The baby is here about 6 weeks now and I received a water bill that was for the last 3 months and I compaired it to same months but for previouse year and found the new bill is $45.00 more than the other bill for same period regarding weather conditions. On top of this there has also been a 7% water increase that I have no control of. And they are trying to push another increase. My Tenant has refused to pay the additional water that I am requesting.
I believe this baby is a person and I should have the right to add additional water charge and due to water used also.  
If a baby doesn’t count as a person that uses water equally, then just when does a person count as someone that uses water. Tenant said doesn’t use same amount of water as an adult. Didn’t pay the 7% water increase also.
Kind of acused me of ripping them off and they are now banging the door when the baby is not sleeping.
They painted the apartment a dark color even though it was in the lease they can’t paint until I give them letter approving of light color they picked. She works in the house even though the Lease states can not use apartment for a business. When they received an increase I was to demand security matches the rent as per lease and let it go to be nice.
Does anyone know what my rights are in NYC area regarding this with a 2 family house.
Note this is stupid due to I am willing to make adjustments either way to adjust there correct water charge. I believe I have the right to charge water for a third person. Lease doesn’t state anything about a 3 person or baby but it says I have the right to adjust at anytime deemed necessary.
I would appreciate your response.
Thanks.

Edited on: Friday, May 3rd, 2013 6:10 pm

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