Water Fee & Fair Housing

[Andy Chen]

Good morning BPers.

My property is in CA. I need your advice. 

I have a unit which has 4 people on the contract and now it has 6 people. The original lease is including water. We found out the additional tenants due to higher water bill (not because of leaking).

Now the lease is up. My property manager said that it is discrimination against fair housing to charge water fee ($20~$30) per additional person. Also, can this additional water fee go beyond rent cap?

Thank you in advance.

Andy