Calif. Civil Code §§1947.6 and1952.7
Added by A.B. 2565
Effective date: July 1, 2015; January 1, 2015
The landlord of any residential lease agreement created, extended or renewed on or after July 1, 2015 is required to approve a tenant’s written request to install an electric vehicle charging station at the tenant’s allotted parking space.
The tenant’s request to install an electric vehicle charging station is to be in writing and acknowledge the tenant’s consent to:
- comply with the landlord’s requirements for installation, use, maintenance and removal of the charging station and infrastructure;
- complete a financial analysis and scope of work for the installation of the charging station and infrastructure;
- provide a written description of proposed improvements to the property, consistent with guidelines published by the Office of Planning and Research; and
- pay as part of the rent all costs associated with the installation, use and maintenance of the charging station and infrastructure.
Electric vehicle charging stations and any improvements are to comply with all local, state and federal law, zoning requirements, land use requirements and covenants, conditions and restrictions (CC&Rs).
The landlord does not have to approve a tenant’s request to install an electric vehicle charging station if:
- electric vehicle charging stations already exist for at least 10% of the tenant parking spaces;
- parking is not provided to tenants at the property;
- there are fewer than five parking spaces at the property; or
- the property is subject to residential rent control.
The landlord is not required to provide an additional parking space to accommodate the tenant. If the newly constructed electric vehicle charging station becomes the tenant’s reserved parking space, the landlord is permitted to charge the tenant a monthly rental amount for the parking space.
The tenant is required to maintain a $1,000,000 general liability insurance policy, naming the landlord as an additional insured. The insurance coverage is to commence on the date of the landlord’s approval of construction, and last until the tenant forfeits possession of the property.
The following electric vehicle charging station requirements do not apply on commercial properties if:
- charging stations already exist on the property for sue by tenants in a ratio of at least two parking spaces for every 100 parking spaces at the property; or
- there are fewer than 50 parking spaces at the property.
Terms in a commercial lease agreement created, extended or renewed on or after January 1, 2015 which unreasonably restrict or prohibit the installation or use of an electric vehicle charging station in a parking space associated with the property are void and enforceable.
Restrictions are considered reasonable if they do not significantly increase the cost of the charging station or its installation, or significantly decrease the charging station’s efficiency.
A commercial tenant may not install charging stations in more parking spaces than allotted by their lease agreement, or more than the number of parking spaces proportionate to the tenant’s interest in the property.
If installation of a charging station grants the tenant a reserved parking space, the landlord may charge the tenant a reasonable monthly rental fee for the parking space.
Installed charging stations need to comply with all local and state health and safety standards, and zoning requirements.
The landlord may not willfully ignore an application for a charging station if their approval is required to complete installation. Approval or denial of an application needs to be in writing. The landlord is to approve the application if the tenant agrees to:
- comply with the landlord’s reasonable standards for installation;
- engage a licensed contractor to install the charging station; and
- within 14 days of approval, provide a certificate of insurance in the amount of $1,000,000 which covers damage caused by the charging station and names the landlord as an additional insured.
The tenant is responsible for any costs for:
- damages to the property resulting from the installation, maintenance, repairs, removal or replacement of the charging station;
- maintenance, repair and replacement of the charging station; and
- electricity associated with the charging station.
Commercial properties in a common interest development (CID) are also subject to existing laws prohibiting a homeowners’ association (HOA) from imposing unreasonable restrictions on the installation of electric vehicle charging stations in an owner’s designated parking space.