ORS 90.462¹
Electric vehicle charging stations

(1) A tenant may submit an application to install an electric vehicle charging station for the personal, noncommercial use of the tenant, in compliance with the requirements of this section, in, or near, a parking space assigned to the tenant or the dwelling unit of the tenant.

(2) A landlord may prohibit installation or use of a charging station installed and used in compliance with this section only if the premises do not have at least one parking space per dwelling unit.

(3) When the tenant complies or agrees to comply with the requirements of this section, the landlord shall approve a completed application within 60 days after the tenant submits the application unless the delay in approving the application is based on a reasonable request for additional information.

(4) A landlord:

(a) May require a tenant to submit an application before installing a charging station.

(b) May require the charging station to meet the architectural standards of the premises.

(c) May impose reasonable charges to recover costs of the review and permitting of a charging station.

(d) May impose reasonable restrictions on the installation and use of the charging station, provided the restrictions do not:

(A) Significantly increase the cost of the charging station; or

(B) Significantly decrease the efficiency or performance of the charging station.

(5) Notwithstanding ORS 479.540 (Exemptions), the charging station must be installed and removed by a person that holds a license, as defined in ORS 479.530 (Definitions for ORS 479.510 to 479.945 and 479.995), to act, at a minimum, as a journeyman electrician.

(6) The tenant is responsible for all costs associated with installation and use of the charging station, including:

(a) The cost of electricity associated with the charging station; and

(b) The cost of damage to the premises that results from the installation, use, maintenance, repair, removal or replacement of the charging station.

(7) If the landlord reasonably determines that the cumulative use of electricity on the premises attributable to the installation and use of charging stations requires the installation of additional infrastructure improvements to provide the premises with a sufficient supply of electricity, the landlord may assess the cost of the additional improvements to each tenant that has installed, or will install, a charging station.

(8) Unless a landlord and tenant negotiate a different outcome, a charging station installed under this section is deemed to be the personal property of the tenant.

(9) A pedestal, or similar, charging station that is hard-wired into the electrical system must be a certified electrical product, as defined in ORS 479.530 (Definitions for ORS 479.510 to 479.945 and 479.995).

(10) Notwithstanding ORS 90.222 (Renter’s liability insurance), if a charging station, other than one described in subsection (9) of this section, is not a certified electrical product, the owner shall:

(a) Maintain a renter’s liability insurance policy in an amount not less than $100,000 that includes coverage of the charging station; and

(b) Name the landlord as a named additional insured under the policy with a right to notice of cancellation of the policy.

(11) This section does not apply to tenancies governed by ORS 90.505 (Definitions for ORS 90.505 to 90.850) to 90.850 (Owner affidavit certifying compliance with requirements for sale of facility). [2017 c.387 §2]

Chapter 90

Notes of Decisions

The prevailing party in an ac­tion brought under this Act is entitled to attorney fees. Executive Manage­ment v. Juckett, 274 Or 515, 547 P2d 603 (1976)

Damages for mental distress are not recoverable under this Act. Ficker v. Diefenbach, 34 Or App 241, 578 P2d 467 (1978), as modified by 35 Or App 829, 578 P2d 467 (1978)

Where tenant terminates residential tenancy but then holds over wrongfully, landlord need not give any notice to tenant as prerequisite to maintaining ac­tion for pos­ses­sion. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

Landlord may waive statutory right to 30 days’ written notice from tenant. Skourtes v. Schaer, 36 Or App 659, 585 P2d 703 (1978), Sup Ct review denied

This act does not provide for recovery of punitive damages. Brewer v. Erwin, 287 Or 435, 600 P2d 398 (1979)

As this act is not penal, it is not subject to attack for vagueness. Marquam Invest­ment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Distinc­tion in this act between residential and nonresidential tenancies is not irra­tional, arbitrary or unreasonable under United States or Oregon Constitu­tion. Marquam Invest­ment Corp. v. Beers, 47 Or App 711, 615 P2d 1064 (1980), Sup Ct review denied

Residential Landlord and Tenant Act does not supersede common law in all aspects of per­sonal injury liability. Bellikka v. Green, 306 Or 630, 762 P2d 997 (1988)

Where jury returned general verdict for defendant and court refused to award defendant attorney fees, defendant has right, absent “unusual circumstances,” to receive attorney fees for damages for prevailing on per­sonal injury claim. Steininger v. Tosch, 96 Or App 493, 773 P2d 15 (1989), Sup Ct review denied

Where tenants counterclaim for injunctive relief and damages after landlord sent 30-day, no-cause evic­tion notice, before awarding attorney fees, district court must determine whether landlord or tenants have right to pos­ses­sion of house and whether tenants’ right to assert counterclaim is provided by statute. Edwards v. Fenn, 308 Or 129, 775 P2d 1375 (1989)

Atty. Gen. Opinions

Private process server in a forcible entry and detainer ac­tion, (1975) Vol 37, p 869; ap­pli­ca­bil­i­ty to university housing and properties, (1976) Vol 37, p 1297

Law Review Cita­tions

56 OLR 655 (1977); 16 WLR 275 (1979); 16 WLR 835 (1980)

1 Legislative Counsel Committee, CHAPTER 90—Residential Landlord and Tenant, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors090.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 90, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano090.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information