The Electric Vehicle Right to Charge, also known as the EV Charging Ordinance, was introduced to the Chicago City Council Committee on Housing and Real Estate in July 2022.

If the EV Charging Ordinance is passed, it would become law and require residential and commercial building owners in the City of Chicago to allow tenants to install electric vehicle (EV) charging stations on their property.

Under the proposed ordinance:

  • Tenants would have the right to request the installation of EV charging stations.
  • Building owners would be required to respond to these requests within 60 days.
  • If the building owner approves the request, they would be responsible for installing the charging station at the tenant’s expense.

There would also be provisions for:

  • Application and approval
  • Aesthetics of the charging station (ex. dimensions, placement, external appearance)
  • Accessibility of the charging station
  • Costs and reimbursement
  • Installation (ex. electricity, upgraded wiring)
  • Maintenance, repair, replacement, and removal
  • Contractor requirements (ex. certificates of insurance, licensing)
  • Insurance requirements
  • “Reasonable restrictions”
  • Health and safety standards
  • Building codes, zoning, land use, and applicable local ordinances

Section 5-25-020 of the proposed ordinance (“Electric vehicle charging system policy for renters”) notes that “a landlord that willfully violates this Section shall be liable to the tenant for actual damages, and shall pay a civil penalty to the tenant in an amount not to exceed $1,000.”

You can view the Electric Vehicle Right to Charge proposed ordinance here: http://ord.legistar.com/Chicago/attachments/897377c7-35a1-48e1-9861-c66e8d9dda51.pdf

 

Legal Resource

The proposed ordinance is designed to promote the use of electric vehicles by increasing access to charging infrastructure, especially in multi-unit residential and commercial buildings where tenants may not have the ability to install charging stations on their own. By allowing tenants to install charging stations, landlords can attract and retain tenants who own electric vehicles.

If the ordinance is passed, Chicago landlords will be need to be aware of their responsibilities to avoid potential fines or legal actions for noncompliance.

KSN attorneys are familiar with the latest landlord/tenant laws and regulations. We work quickly and efficiently with landlords and rental property managers to discuss evictions, lease reviews, and other legal concerns.

KSN can be reached by calling 855-537-0500 or by visiting www.ksnlaw.com.

Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collectionslandlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.

 

Please note the material contained in this article is for educational and informational purposes only and does not constitute legal advice. No attorney-client relationship is established by your review or receipt of the information contained in this article. You should not act on the information discussed in this article without first obtaining legal advice from an attorney duly licensed to practice law in your State. While KSN has made every effort to include up-to-date information in this article, the law can change quickly. Accordingly, please understand that information discussed in this article may not yet reflect the most recent legal developments. Material is not guaranteed to be correct, complete, or up to date. KSN reserves the right to revise or update the information and statements of law discussed in the article law at any time, without notice, and disclaims any liability for your use of information or statements of law discussed on the article, or the accessibility of the article generally. This article may be considered advertising in some jurisdictions under applicable law/s and/or ethical rules/regulations. © 2023 Kovitz Shifrin Nesbit, A Professional Corporation.