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SB-696 Landlord and tenant: utility charges.(1989-1990)

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SB696:v93#DOCUMENT

Senate Bill No. 696
CHAPTER 861

An act to add Section 1940.9 to the Civil Code, relating to tenancies.

[ Filed with Secretary of State  September 26, 1989. Approved by Governor  September 25, 1989. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 696, Alquist. Landlord and tenant: utility charges.
Nothing in existing law expressly requires landlords to make special arrangements with tenants whose gas or electric meters serve areas outside the tenant’s dwelling unit.
This bill would require a landlord to disclose, and make specified written arrangements with a tenant for payment for, gas or electric service provided through the tenant’s meter to areas outside the tenant’s dwelling unit if the landlord or the landlord’s agent has knowledge that the gas or electric service provided through the tenant’s meter serves any area outside the tenant’s dwelling unit. The bill would authorize the tenant to bring an action if the landlord fails to comply with the bill. Among the available judicial remedies would be (1) requiring the landlord to be made customer of record for the tenant’s meter or (2) ordering the landlord to reimburse the tenant for services to areas outside the tenant’s dwelling unit.

The people of the State of California do enact as follows:


SECTION 1.

 Section 1940.9 is added to the Civil Code, to read:

1940.9.
 (a)  If the landlord does not provide separate gas and electric meters for each tenant’s dwelling unit so that each tenant’s meter measures only the electric or gas service to that tenant’s dwelling unit and the landlord or his or her agent has knowledge that gas or electric service provided through a tenant’s meter serves an area outside the tenant’s dwelling unit, the landlord, prior to the inception of the tenancy or upon discovery, shall explicitly disclose that condition to the tenant and shall do either of the following:
(1)   Execute a mutual written agreement with the tenant for payment by the tenant of the cost of the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit.
(2)  Make other arrangements, as are mutually agreed in writing, for payment for the gas or electric service provided through the tenant’s meter to serve areas outside the tenant’s dwelling unit. These arrangements may include, but are not limited to, the landlord becoming the customer of record for the tenant’s meter, or the landlord separately metering and becoming the customer of record for the area outside the tenant’s dwelling unit.
(b)  If a landlord fails to comply with subdivision (a), the aggrieved tenant may bring an action in a court of competent jurisdiction. The remedies the court may order shall include, but are not limited to, the following:
(1)  Requiring the landlord to be made the customer of record with the utility for the tenant’s meter.
(2)  Ordering the landlord to reimburse the tenant for payments made by the tenant to the utility for service to areas outside of the tenant’s dwelling unit. Payments to be reimbursed pursuant to this paragraph shall commence from the date the obligation to disclose arose under subdivision (a).
(c)  Nothing in this section limits any remedies available to a landlord or tenant under other provisions of this chapter, the rental agreement, or applicable statutory or common law.