(CA) Landlord won't comply with CA Civ Code § 1947.6 (2017)

[Hu3m4n]

My landlord is not allowing me to install a Nema 14-50 charger at my assigned parking spot in my apartment complex. I pointed out to him that in California, landlords cannot refuse written permission to install an EV charger if they meet all the conditions. In my perspective, the current situation is applicable to this statute, but he still is refusing to comply. He said that if he gets some sort of official statement that tells him he must then he will not stand in the way. What is needed to make him comply? A call from my lawyer? Is there a way to get him official paperwork that specifically applies to the property? What are the next steps when a landlord is refusing to comply with this statute?

What are my options here?

 

[Doc Brown]

Does the property meet the requirements of the code? All of them?

did your written request to the landlord include your consent to enter into a written agreement that includes, but is not limited to, the following?

(1) Compliance with the lessor’s requirements for the installation, use, maintenance, and removal of the charging station and installation, use, and maintenance of the infrastructure for the charging station.

(2) Compliance with the lessor’s requirements for the lessee to provide a complete financial analysis and scope of work regarding the installation of the charging station and its infrastructure.

(3) A written description of how, when, and where the modifications and improvements to the property are proposed to be made consistent with those items specified in the “Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research.

(4) Obligation of the lessee to pay the lessor all costs associated with the lessor’s installation of the charging station and its infrastructure prior to any modification or improvement being made to the leased property. The costs associated with modifications and improvements shall include, but are not limited to, the cost of permits, supervision, construction, and, solely if required by the contractor, consistent with its past performance of work for the lessor, performance bonds.

(5) Obligation of the lessee to pay as part of rent for the costs associated with the electrical usage of the charging station, and cost for damage, maintenance, repair, removal, and replacement of the charging station, and modifications or improvements made to the property associated with the charging station.

(h) The lessee and each successor lessee shall obtain personal liability coverage, as described in Section 108 of the Insurance Code, in an amount not to exceed 10 times the annual rent changed for the dwelling, covering property damage and personal injury proximately caused by the installation or operation of the electric vehicle charging station. The policy shall be maintained in full force and effect from the time of installation of the electric vehicle charging station until the electric vehicle charging station is removed or the lessee forfeits possession of the dwelling to the lessor.

(i) Notwithstanding subdivision (h), no insurance shall be required of a lessee installing an electric vehicle charging station if both of the following are satisfied:

(1) The electric vehicle charging station has been certified by a Nationally Recognized Testing Laboratory that is approved by the Occupational Safety and Health Administration of the United States Department of Labor.

(2) The electric vehicle charging station and any associated alterations to the dwelling’s electrical system are performed by a licensed electrician.

you can’t just say "give me written permission” to modify your property. Did your written request include all of the above?

 

[stopcrazypp]

My landlord is not allowing me to install a Nema 14-50 charger at my assigned parking spot in my apartment complex. I pointed out to him that in California, landlords cannot refuse written permission to install an EV charger if they meet all the conditions. In my perspective, the current situation is applicable to this statute, but he still is refusing to comply. He said that if he gets some sort of official statement that tells him he must then he will not stand in the way. What is needed to make him comply? A call from my lawyer? Is there a way to get him official paperwork that specifically applies to the property? What are the next steps when a landlord is refusing to comply with this statute?

What are my options here?

Did you give your landlord written notice already as set forward in section (g)?
Law section

Or alternatively did you at least give him a copy of the relevant law or a link to it?

These questions are probably better addressed by your lawyer though, as I doubt people here are qualified to give legal advice (including myself).

 

[jjrandorin]

OP, most of the time, when you finally get through all that, and find out that even if you get this approved, YOU would have to pay for modifications to any public space, to the tune of several thousand dollars in many cases, its is not worth it for an apartment.

 

[Doc Brown]

These questions are probably better addressed by your lawyer though, as I doubt people here are qualified to give legal advice (including myself).

And some of are, including myself. I’m not going to give the OP advice - but I’m happy to opine generally on the requirements and mandates of CC 1947.6.

 

[PDX-Y]

OP, most of the time, when you finally get through all that, and find out that even if you get this approved, YOU would have to pay for modifications to any public space, to the tune of several thousand dollars in many cases, its is not worth it for an apartment.

Also recognize that like all civil cases, there are fairly limited options for the courts to compel behavior vs. just handing out a judgement for damages. In practice you'd probably have to refuse to pay rent, and they'd have to try to evict you, and the whole thing would go before mediation (depending on your lease and jurisdiction, yada yada) and it would be a big hairy mess that no one actually wants. And it would poison a relationship that you want to maintain in good standing in any case.

Just find a new place or rely on public charging. If someone wants to be a stubborn landlord you're not realistically going to be able to stop them.

 

[Hu3m4n]

Does the property meet the requirements of the code? All of them?

did your written request to the landlord include your consent to enter into a written agreement that includes, but is not limited to, the following?

(1) Compliance with the lessor’s requirements for the installation, use, maintenance, and removal of the charging station and installation, use, and maintenance of the infrastructure for the charging station.

(2) Compliance with the lessor’s requirements for the lessee to provide a complete financial analysis and scope of work regarding the installation of the charging station and its infrastructure.

(3) A written description of how, when, and where the modifications and improvements to the property are proposed to be made consistent with those items specified in the “Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research.

(4) Obligation of the lessee to pay the lessor all costs associated with the lessor’s installation of the charging station and its infrastructure prior to any modification or improvement being made to the leased property. The costs associated with modifications and improvements shall include, but are not limited to, the cost of permits, supervision, construction, and, solely if required by the contractor, consistent with its past performance of work for the lessor, performance bonds.

(5) Obligation of the lessee to pay as part of rent for the costs associated with the electrical usage of the charging station, and cost for damage, maintenance, repair, removal, and replacement of the charging station, and modifications or improvements made to the property associated with the charging station.

(h) The lessee and each successor lessee shall obtain personal liability coverage, as described in Section 108 of the Insurance Code, in an amount not to exceed 10 times the annual rent changed for the dwelling, covering property damage and personal injury proximately caused by the installation or operation of the electric vehicle charging station. The policy shall be maintained in full force and effect from the time of installation of the electric vehicle charging station until the electric vehicle charging station is removed or the lessee forfeits possession of the dwelling to the lessor.

(i) Notwithstanding subdivision (h), no insurance shall be required of a lessee installing an electric vehicle charging station if both of the following are satisfied:

(1) The electric vehicle charging station has been certified by a Nationally Recognized Testing Laboratory that is approved by the Occupational Safety and Health Administration of the United States Department of Labor.

(2) The electric vehicle charging station and any associated alterations to the dwelling’s electrical system are performed by a licensed electrician.

you can’t just say "give me written permission” to modify your property. Did your written request include all of the above?

Yes to all.

Does the property meet the requirements of the code? All of them?

did your written request to the landlord include your consent to enter into a written agreement that includes, but is not limited to, the following?

(1) Compliance with the lessor’s requirements for the installation, use, maintenance, and removal of the charging station and installation, use, and maintenance of the infrastructure for the charging station.

(2) Compliance with the lessor’s requirements for the lessee to provide a complete financial analysis and scope of work regarding the installation of the charging station and its infrastructure.

(3) A written description of how, when, and where the modifications and improvements to the property are proposed to be made consistent with those items specified in the “Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Office of Planning and Research.

(4) Obligation of the lessee to pay the lessor all costs associated with the lessor’s installation of the charging station and its infrastructure prior to any modification or improvement being made to the leased property. The costs associated with modifications and improvements shall include, but are not limited to, the cost of permits, supervision, construction, and, solely if required by the contractor, consistent with its past performance of work for the lessor, performance bonds.

(5) Obligation of the lessee to pay as part of rent for the costs associated with the electrical usage of the charging station, and cost for damage, maintenance, repair, removal, and replacement of the charging station, and modifications or improvements made to the property associated with the charging station.

(h) The lessee and each successor lessee shall obtain personal liability coverage, as described in Section 108 of the Insurance Code, in an amount not to exceed 10 times the annual rent changed for the dwelling, covering property damage and personal injury proximately caused by the installation or operation of the electric vehicle charging station. The policy shall be maintained in full force and effect from the time of installation of the electric vehicle charging station until the electric vehicle charging station is removed or the lessee forfeits possession of the dwelling to the lessor.

(i) Notwithstanding subdivision (h), no insurance shall be required of a lessee installing an electric vehicle charging station if both of the following are satisfied:

(1) The electric vehicle charging station has been certified by a Nationally Recognized Testing Laboratory that is approved by the Occupational Safety and Health Administration of the United States Department of Labor.

(2) The electric vehicle charging station and any associated alterations to the dwelling’s electrical system are performed by a licensed electrician.

you can’t just say "give me written permission” to modify your property. Did your written request include all of the above?

What Should Tenants Include When Requesting an EV Charging Stations?​

While the tenants need not include any magic words or phrases when making written requests to install EV charging stations, their request, minimally, should indicate their intention to install an EV charging station and its related infrastructure. Additionally, California’s EV Charging Station law requires tenants to give consent to enter into a written agreement with landlords concerning the installation of the charging station.

The EV Charging Station law specifies the agreement provisions tenants must be willing to agree. These provisions include:

1. Willingness to comply with landlord requirements for charging station installation, use, maintenance, and removal;
2. Willingness to provide complete documents showing the cost and scope of work to install the EV charging station and its infrastructure;
3. A written description of how, when, and where proposed modifications and improvements to the property will occur (For reference see the Permitting Checklist in the Zero-Emission Vehicles in California: Community Readiness Guidebook);
4. Willingness to pay all landlord costs associated with the installation of the EV charging station and infrastructure, before work commences;
5. Willingness to pay, as part of rent, the electrical costs associated with the EV charging station; and,
6. Willingness to pay cost for damage, maintenance, repair, removal, and replacement of the EV charging station. Civil Code§ 1947.6(g).

Yes to all the above

 

[Hu3m4n]

OP, most of the time, when you finally get through all that, and find out that even if you get this approved, YOU would have to pay for modifications to any public space, to the tune of several thousand dollars in many cases, its is not worth it for an apartment.

Quoted price from licensed electrician is $1800. I’m ok with that.

 

[jjrandorin]

Quoted price from licensed electrician is $1800. I’m ok with that.

The electrical panel must be right next to your spot, and there is no underground running of cable or anything.

 

[Hu3m4n]

The electrical panel must be right next to your spot, and there is no underground running of cable or anything.

Thanks for the input. I switched my spot with two other tenants to get within 20 feet of my panel. The location of my parking spot in relation to the electrical panel was part of the estimate.

Ikm done answering whether the code applies to me or whether I’m willing to pay for the installation.. Can anyone answer the question as to what my next steps are for a landlord that is denying a request which fits all the prerequisite conditions?

 

[jjrandorin]

Thanks for the input. I switched my spot with two other tenants to get within 20 feet of my panel. The location of my parking spot in relation to the electrical panel was part of the estimate.

Ikm done answering whether the code applies to me or whether I’m willing to pay for the installation.. Can anyone answer the question as to what my next steps are for a landlord that is denying a request which fits all the prerequisite conditions?

Pay for a lawyer, and fight it out in court, or move.

EDIT: Also, if you read response number 2, from @Doc Brown , you will see that, although thats not "official" advice, it is advice from someone who is familiar with the legal side of this. You have your answer which was, unless your request in writing to your landlord included the items and information in that post, you should start there, or have your lawyer start there.

 

[Hu3m4n]

Pay for a lawyer, and fight it out in court, or move.

EDIT: Also, if you read response number 2, from @Doc Brown , you will see that, although thats not "official" advice, it is advice from someone who is familiar with the legal side of this. You have your answer which was, unless your request in writing to your landlord included the items and information in that post, you should start there, or have your lawyer start there.

I addressed Doc Brown:

What Should Tenants Include When Requesting an EV Charging Stations?​

While the tenants need not include any magic words or phrases when making written requests to install EV charging stations, their request, minimally, should indicate their intention to install an EV charging station and its related infrastructure. Additionally, California’s EV Charging Station law requires tenants to give consent to enter into a written agreement with landlords concerning the installation of the charging station.

The EV Charging Station law specifies the agreement provisions tenants must be willing to agree. These provisions include:

1. Willingness to comply with landlord requirements for charging station installation, use, maintenance, and removal;
2. Willingness to provide complete documents showing the cost and scope of work to install the EV charging station and its infrastructure;
3. A written description of how, when, and where proposed modifications and improvements to the property will occur (For reference see the Permitting Checklist in the Zero-Emission Vehicles in California: Community Readiness Guidebook);
4. Willingness to pay all landlord costs associated with the installation of the EV charging station and infrastructure, before work commences;
5. Willingness to pay, as part of rent, the electrical costs associated with the EV charging station; and,
6. Willingness to pay cost for damage, maintenance, repair, removal, and replacement of the EV charging station. Civil Code§ 1947.6(g).

Insofar as the guidance above, I have provided this information in my written request. Like I said, im not looking to clarify if I qualify for this provision nor prove that I have the means to install this charger.

It sounds like my only recourse is to hire a lawyer to draft a letter on letterhead to persuade my landlord at the possible detriment of my relationship with him. Any other ideas?

 

[stopcrazypp]

And some of are, including myself. I’m not going to give the OP advice - but I’m happy to opine generally on the requirements and mandates of CC 1947.6.

I thought about adding it to the sentence, but didn't, but it seems applicable given someone having the qualifications (you and maybe others that may chime in later): people who are qualified usually won't be giving legal advice on the internet either to strangers for a large variety of reasons, even if they have the ability to. Given the OP has a lawyer, anything said here still won't be a replacement for getting actual legal advice from his/her lawyer.

 

[Hu3m4n]

I thought about adding it to the sentence, but didn't, but it seems applicable given someone having the qualifications (you and maybe others that may chime in later): people who are qualified usually won't be giving legal advice on the internet either to strangers for a large variety of reasons, even if they have the ability to. Given the OP has a lawyer, anything said here still won't be a replacement for getting actual legal advice from his/her lawyer.

The bottom line

 

[Hu3m4n]

Anyone with experience in this situation have anything to offer? Apparently all the lawyers are bound by ethics laws to address my inquiry.

Disclaimer: I will guarantee not to hold anyone liable for any advice/brainstorming I receive from an online public message board.