Charges for utilities or services measured by submeter
(1) If a written rental agreement so provides, a landlord using the submeter 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 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;
(c) A pro rata portion of the cost of sewer service for storm water and wastewater if the utility or service provider does not charge the landlord for sewer service as a percentage of water provided;
(d) A pro rata portion of costs to provide a utility or service to a common area;
(e) 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; and
(f) A pro rata portion of the cost to read water meters and to bill tenants for water if:
(A) A third party service reads the meters and bills tenants for the landlord; and
(B) The landlord allows the tenants to inspect the third party’s billing records as provided by ORS 90.538 (Tenant inspection of utility billing records).
(3) Except as provided in subsection (2) of this section, the landlord may not bill or collect more money from tenants for utilities or services than the utility or service provider charges the landlord. A utility or service charge to be assessed to a tenant under this section may not include any additional charge, including any costs of the landlord, for the installation or maintenance of the utility or service system or any profit for the landlord. [2005 c.619 §8; 2009 c.305 §3; 2011 c.503 §8]
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