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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Notwithstanding a provision in the lease to the contrary, a housing provider shall allow a tenant to install, at the tenant's expense for the tenant's own use, an electric vehicle charging port on or in the leased premises; provided, that the tenant first obtains the written approval of the housing provider, who may require that the tenant:
(1) Complies with any:
(A) Bona fide safety requirements consistent with an applicable construction code or recognized health and safety standards for the protection of persons and property;
(B) Requirement that the electric vehicle charging port be registered with the housing provider within 30 days after installation;
(C) Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging port; or
(D) Prohibitions on the rental or sublet of a parking space with an electric vehicle charging port installed by a tenant.
(2) As a condition of approving the installation of an electric vehicle charging port, agrees to:
(A) Comply with the housing provider's design specifications for the installation of an electric vehicle charging port, and provide detailed plans and drawings for the installation of the electric vehicle charging port, prepared and stamped or sealed, by either a licensed and registered architect, professional engineer, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port;
(B) Engage the services of a licensed and registered journeyman electrician, a master electrician, or an electrical engineer familiar with the installation and core requirements of an electric vehicle charging port for the installation, maintenance, and removal of the electric vehicle charging port; and
(C) Provide, within 14 days after receiving the housing provider's written approval for the installation of the electric vehicle charging port:
(i) A certificate of insurance naming the housing provider as an additional insured party on the tenant's insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging port; or
(ii) Reimbursement to the housing provider for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging port, in which case the tenant shall provide reimbursement for the increased insurance premium amount within 14 days after the tenant receives the housing provider's invoice for the amount attributable to the electric vehicle charging port.
(b) A housing provider shall enact processes or procedures for the installation, operation, maintenance, and removal of an electric vehicle charging port.
(c) A housing provider shall not assess or charge a tenant any fee for the placement or use of an electric vehicle charging port under this section, except that the housing provider may:
(1) Require reimbursement for the actual cost of electricity provided by the housing provider that was used by the electric vehicle charging port, as determined by the housing provider on a monthly basis; or
(2) If the tenant places an electric vehicle charging port in an area accessible to other tenants, charge the tenant a reasonable fee to reserve a specific parking space in which to install the electric vehicle charging port.
(d) A housing provider may reject a tenant's application if the tenant fails to meet requirements set forth in the terms of the lease or agreement for the installation of an electric vehicle charging port; except, that the housing provider shall allow the tenant to cure defects in the application or required documentation and resubmit the application for approval.
(e) If the housing provider consents to a tenant's installation of an electric vehicle charging port on property accessible to other tenants, unless otherwise specified in a written agreement with the housing provider, the housing provider may require that:
(1) The tenant, and each successive tenant with exclusive rights to the area where the electric vehicle charging port is installed, shall be responsible for the actual cost of electricity associated with the charging port, as determined by readings taken by the housing provider on a monthly basis, and, when incurred, costs for damages to the electric vehicle charging port to any other property of the housing provider or another tenant resulting from the installation, maintenance, repair, removal, or replacement of the electric vehicle charging port;
(2) Each successive tenant with exclusive rights to the area where the electric vehicle charging port is installed shall assume responsibility for the repair, maintenance, removal, and replacement of the electric vehicle charging port until the electric vehicle charging port is removed; or
(3) The tenant, and each successive tenant with exclusive rights to the area where the electric vehicle charging port is installed, shall, at all times, have and maintain, until the tenant forfeits possession of the dwelling, an insurance policy covering damage or injury resulting from the installation or use of electric vehicle charging infrastructure installed pursuant to this section, and shall name the housing provider as an additional insured party under the policy. The tenant shall be responsible for providing proof of insurance policy coverage to the housing provider on an annual basis.
(f) Upon termination of the lease, the tenant shall either remove the electric vehicle charging port if it is removable, sell the electric vehicle charging port to the housing provider for an agreed price, or transfer ownership without sale of the electric vehicle charging port to the housing provider or another tenant.
(g) A housing provider may install an electric vehicle charging port in automobile off-road parking spaces for the use of all tenants, in which case, the housing provider shall develop appropriate terms of use for the electric vehicle charging port, including the actual cost of electricity associated with individual use by tenants.
(h) A housing provider may create a new parking space, consistent with applicable building permitting requirements, where one did not previously exist to facilitate the installation of an electric vehicle charging port in compliance with all applicable laws.
(i) A housing provider shall be responsible for the costs of removing an electric vehicle charging port that is in automobile off-road parking spaces available for use by all tenants, if reasonably necessary for the repair, maintenance, or replacement of any property of the housing provider.
(j) DOB shall fine a housing provider that willfully violates this section an amount not to exceed $1,000 for each 30-day period that the reported violation is not brought into compliance with this section. A housing provider may appeal an enforcement action under this section to the Office of Administrative Hearings (“OAH”). A housing provider may appeal a decision from OAH to the Rental Housing Commission pursuant to § 42-3502.02(a)(2).
Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 6-1451. d. Electric vehicle charging rights for tenants. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-6-1451-03d/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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