Charges for utilities or services measured by submeter
(1) If a written rental agreement so provides, a landlord using the billing method described in ORS 90.532 (Billing methods for utility or service charges) (1)(c) may require a tenant to pay to the landlord a utility or service charge that has been billed by a utility or service provider to the landlord for utility or service provided directly to the tenant’s space as measured by a submeter.
(2) A utility or service charge to be assessed to a tenant under this section may consist of:
(a) The cost of the utility or service provided to the tenant’s space and under the tenant’s control, as measured by the submeter, at a rate no greater than the average rate billed to the landlord by the utility or service provider, not including any base or service charge;
(b) The cost of any sewer service for stormwater or wastewater as a percentage of the tenant’s water charge as measured by a submeter, if the utility or service provider charges the landlord for sewer service as a percentage of water provided; and
(c) A pro rata portion of any base or service charge billed to the landlord by the utility or service provider, including but not limited to any tax passed through by the provider.
(3) A utility or service charge to be assessed to a tenant under this section may not include:
(a) Any additional charge, including any costs of the landlord, for the installation, maintenance or operation of the utility or service system or any profit for the landlord; or
(b) Any costs to provide a utility or service to common areas of the facility. [2005 c.619 §8]
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