I received the attached notice (see below) this week. Apparently, the local utility companies are teaming up with property owners in the area to improve the energy efficiency of multifamily dwellings. If your complex is participating, a crew of technicians from the utility will be visiting individual units to install low-volume shower heads, sink aerators, and energy saving light bulbs. I'm in favor of conservation and energy saving, but is this program on the level? Let's take a closer look. First, I called the leasing office to find out if participation is mandatory. Although the note did not specify, it turns out that it is optional on an opt-out basis. That means that if you do not opt-out, they will be retrofitting your apartment. There is nothing wrong with an opt-out or even a mandatory program, but because this is program is not opt-in, work will be done without the tenants' explicit consent. Is that allowed? Yes. I received the notice on December 5th, over 24 hours before they were scheduled to arrive, and therefore, they are allowed to enter. Can the crew replace the shower head and aerators without a tenant's permission? Yes, as long as they have the landlord's permission. What about bulbs installed in hardwired fixtures? Yes, given the fact that the landlord provided a notice, it is reasonable to assume these bulbs may be replaced. Can the utility company or landlord remove such bulbs, if purchased by the tenant, from the apartment? Perhaps. In the event of a dispute, the landlord could argue that they own these bulbs because they were installed in permanently attached fixtures. However, the tenant could argue that because they chose detach the bulbs from the fixtures, they cannot claim them as their own. Regardless, the question of who owns the bulbs is probably moot. Considering that the landlord provided adequate notice, and based on the note it is reasonable to assume that any bulbs installed in the unit's fixtures may be replaced. If a tenant does not remove those bulbs, they are implicitly giving the landlord/utility consent to take them out. What about bulbs installed in tenant-owned lights, such as table lamps or desk lamps? Can the crew swap out these bulbs as well? I called the apartment office to find out whether or not this was part of the plan. Surprisingly, the leasing agent said it was! I wasn't convinced so I called the main office. The property manager confirmed that the crew might replace bulbs in your own lights as well. Is this legal? First, let's look at the paper. Did it say that bulbs installed in tenant-owned lights might be replaced? No, it said that bulbs would be installed, but did not specifically state which fixtures were to be targeted. Even if the bulletin had been more specific, would it be legal for the utility company to come in and remove your own bulbs from you own lights on an opt-out basis? As a disclaimer, I should mention that I am not a lawyer and have never witnessed one of these retrofits in person. It is possible that there was a misunderstanding or miscommunication between myself and the management company or the management company and the utility company. It might be the case that they are not actually removing tenant's incandescent bulbs from their lamps without their express consent. All I know is what I was told. What are your thoughts? Are any of you familiar with these type of programs? For more information about it (these articles refer to the program or at least a very similar program), visit the links below.
Consumers Energy installing energy-efficient products for free for multi-family property owners
New Energy Efficiency Measures in Local Apartment Complexes
Consumers Energy Offers Cash Rebates for Energy Efficiency Upgrades for Multifamily Properties