C.R.S. Section 38-12-601
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking

  • definitions

(1)

Notwithstanding any provision in the lease to the contrary, and subject to subsection (2) of this section:

(a)

A tenant may install, at the tenant’s expense for the tenant’s own use, a level 1 or level 2 electric vehicle charging system on or in:

(I)

The leased premises;

(II)

An assigned or deeded parking space that is part of or assigned to the leased premises; or

(III)

A parking space that is accessible to both the tenant and other tenants;

(b)

A landlord shall not assess or charge a tenant any fee for the placement or use of an electric vehicle charging system; except that:

(I)

The landlord may require reimbursement for the actual cost of electricity provided by the landlord that was used by the charging system or, alternatively, may charge a reasonable fee for access. If the charging system is part of a network for which a network fee is charged, the landlord’s reimbursement may include the amount of the network fee. Nothing in this section requires a landlord to impose upon a tenant any fee or charge other than the rental payments specified in the lease.

(II)

The landlord may require reimbursement for the cost of the installation of the charging system, including any additions or upgrades to existing wiring directly attributable to the requirements of the charging system, if the landlord places or causes the electric vehicle charging system to be placed at the request of the tenant; and

(III)

If the tenant desires to place an electric vehicle charging system in an area accessible to other tenants, the landlord may assess or charge the tenant a reasonable fee to reserve a specific parking spot in which to install the charging system.

(c)

A landlord shall not restrict parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle.

(2)

A landlord may require a tenant to comply with:

(a)

Bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for the protection of persons and property;

(b)

A requirement that the charging system be registered with the landlord within thirty days after installation; or

(c)

Reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging system.

(3)

A tenant may place an electric vehicle charging system in an area accessible to other tenants if:

(a)

The charging system is in compliance with all applicable requirements adopted pursuant to subsection (2) of this section; and

(b)

The tenant agrees in writing to:

(I)

Comply with the landlord’s design specifications for the installation of the charging system;

(II)

Engage the services of a duly licensed and registered electrical contractor familiar with the installation and code requirements of an electric vehicle charging system; and

(III)

Intentionally left blank —Ed.

(A)

Provide, within fourteen days after receiving the landlord’s consent for the installation, a certificate of insurance naming the landlord as an additional insured on the tenant’s renters’ insurance policy for any claim related to the installation, maintenance, or use of the system or, at the landlord’s option, reimbursement to the landlord for the actual cost of any increased insurance premium amount attributable to the system, notwithstanding any provision to the contrary in the lease.

(B)

A certificate of insurance under sub-subparagraph (A) of this subparagraph (III) must be provided within fourteen days after the tenant receives the landlord’s consent for the installation. Reimbursement for an increased insurance premium amount under sub-subparagraph (A) of this subparagraph (III) must be provided within fourteen days after the tenant receives the landlord’s invoice for the amount attributable to the system.

(4)

If the landlord consents to a tenant’s installation of an electric vehicle charging system on property accessible to other tenants, including a parking space, carport, or garage stall, then, unless otherwise specified in a written agreement with the landlord:

(a)

The tenant, and each successive tenant with exclusive rights to the area where the charging system is installed, is responsible for any costs for damages to the charging system and to any other property of the landlord or of another tenant that arise or result from the installation, maintenance, repair, removal, or replacement of the charging system;

(b)

Each successive tenant with exclusive rights to the area where the charging system is installed shall assume responsibility for the repair, maintenance, removal, and replacement of the charging system until the system has been removed;

(c)

The tenant and each successive tenant with exclusive rights to the area where the system is installed shall at all times have and maintain an insurance policy covering the obligations of the tenant under this subsection (4) and shall name the landlord as an additional insured under the policy; and

(d)

The tenant and each successive tenant with exclusive rights to the area where the system is installed is responsible for removing the system if reasonably necessary or convenient for the repair, maintenance, or replacement of any property of the landlord, whether or not leased to another tenant.

(5)

A charging system installed at the tenant’s cost is property of the tenant. Upon termination of the lease, if the charging system is removable, the tenant may either remove it or sell it to the landlord or another tenant for an agreed price. Nothing in this subsection (5) requires the landlord or another tenant to purchase the charging system.

(6)

As used in this section:

(a)

“Electric vehicle charging system” or “charging system” means a device that is used to provide electricity to a plug-in electric vehicle or plug-in hybrid vehicle, is designed to ensure that a safe connection has been made between the electric grid and the vehicle, and is able to communicate with the vehicle’s control system so that electricity flows at an appropriate voltage and current level. An electric vehicle charging system may be wall-mounted or pedestal style and may provide multiple cords to connect with electric vehicles. An electric vehicle charging system must be certified by underwriters laboratories or an equivalent certification and must comply with the current version of article 625 of the national electrical code.

(b)

“Level 1” means a charging system that provides charging through a one-hundred-twenty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.

(c)

“Level 2” means a charging system that provides charging through a two-hundred-eight to two-hundred-forty volt AC plug with a cord connector that meets the SAE international J1772 standard or a successor standard.

(7)

This section applies to residential rental properties and commercial rental properties.

Source: Section 38-12-601 — Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑12‑101
Legislative declaration 38‑12‑102
Definitions 38‑12‑102.5
Security deposits - maximum amount 38‑12‑103
Return of security deposit 38‑12‑104
Return of security deposit - hazardous condition - gas appliance 38‑12‑105
Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violations - remedies - unfair or deceptive trade practice 38‑12‑106
Security deposits - limitation on pet security deposit and rent - definition 38‑12‑200.1
Short title 38‑12‑200.2
Legislative declaration 38‑12‑201
Application of part 2 38‑12‑201.3
Legislative declaration - increased availability of mobile home parks 38‑12‑201.5
Definitions 38‑12‑202
Tenancy - notice to quit 38‑12‑202.5
Action for termination 38‑12‑203
Reasons for termination 38‑12‑203.5
Change in use of the park - remedies for home owners - definitions 38‑12‑204
Nonpayment of rent - notice required for rent increase - limitation on rent increases 38‑12‑204.3
Notice required for termination 38‑12‑205
Termination prohibited 38‑12‑206
Home owner meetings - assembly in common areas - meeting hosted by landlord 38‑12‑207
Security deposits - legal process 38‑12‑208
Remedies 38‑12‑209
Entry fees prohibited 38‑12‑210
Closed parks prohibited 38‑12‑211
Selling and transfer fees prohibited - “for sale” signs permitted 38‑12‑212
Certain types of landlord-seller agreements prohibited 38‑12‑212.3
Responsibilities of landlord - acts prohibited 38‑12‑212.4
Required disclosure and notice of water usage and billing - responsibility for leaks 38‑12‑212.5
Prohibition on retaliation and harassment - definition 38‑12‑212.7
Landlord utilities account 38‑12‑213
Rental agreement - disclosure of terms in writing - prohibited provisions 38‑12‑214
Rules and regulations - amendments - notice - complaints 38‑12‑215
New developments and parks - rental of sites to dealers authorized 38‑12‑216
Mediation, when permitted - court actions 38‑12‑217
Notice of change of use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definition 38‑12‑218
Mobile home owners - right to form a cooperative 38‑12‑219
Home owners’ and landlords’ rights 38‑12‑220
Private civil right of action 38‑12‑221
Access by counties and municipalities 38‑12‑222
Residents’ right to privacy 38‑12‑223
Tenancy and park sale records 38‑12‑301
Control of rents by counties and municipalities prohibited - legislative declaration 38‑12‑302
Definitions 38‑12‑401
Definitions 38‑12‑402
Protection for victims of unlawful sexual behavior, stalking, or domestic violence 38‑12‑501
Legislative declaration - matter of statewide concern - purposes and policies 38‑12‑502
Definitions 38‑12‑503
Warranty of habitability - notice - landlord obligations 38‑12‑504
Tenant’s maintenance of premises 38‑12‑505
Uninhabitable residential premises - habitability procedures - rules 38‑12‑506
Exception for certain single-family residences 38‑12‑507
Breach of warranty of habitability - tenant’s remedies 38‑12‑508
Landlord’s defenses to a claim of breach of warranty - limitations on claiming a breach 38‑12‑509
Prohibition on retaliation 38‑12‑510
Unlawful removal or exclusion 38‑12‑511
Application 38‑12‑601
Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions 38‑12‑701
Notice of rent increase 38‑12‑702
Limit on frequency of residential rent increases 38‑12‑801
Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions 38‑12‑802
Tenant payment - receipts 38‑12‑803
Disclosure - elevated radon - definition 38‑12‑901
Short title 38‑12‑902
Definitions 38‑12‑903
Rental application fee - limitations 38‑12‑904
Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice 38‑12‑905
Violations - liability - notice required - exceptions - no exhaustion of remedies required 38‑12‑1001
Definitions 38‑12‑1002
Bed bugs - notification to landlord - landlord duties 38‑12‑1003
Bed bugs - inspections - treatments - costs 38‑12‑1004
Bed bugs - access to dwelling unit and personal belongings - notice - costs 38‑12‑1005
Bed bugs - renting of dwelling units with bed bugs prohibited 38‑12‑1006
Remedies - liability 38‑12‑1007
Relationship to warranty of habitability 38‑12‑1101
Short title 38‑12‑1102
Legislative declaration 38‑12‑1103
Definitions 38‑12‑1104
Dispute resolution program - creation - division of housing - duties - report - rules 38‑12‑1105
Dispute resolution program - complaint process 38‑12‑1106
Registration of mobile home parks - process - fees 38‑12‑1107
Registration information database 38‑12‑1108
Mobile home park complaint and water issue database 38‑12‑1109
Mobile home park act dispute resolution and enforcement program annual report 38‑12‑1110
Mobile home park act dispute resolution and enforcement program fund 38‑12‑1201
Short title 38‑12‑1202
Definitions 38‑12‑1203
Prohibition on activities related to a tenant’s immigration or citizenship status 38‑12‑1204
Authorized conduct 38‑12‑1205
Remedies
Green check means up to date. Up to date

Current through Fall 2024

§ 38-12-601’s source at colorado​.gov