Restrictions on charging tenants for solar power

Really whatever is specified in the current lease agreement is the best place to start resolving this issue - if it is a new lease then it is a negotiating point.
Recouping the owners solar power initial investment by having the tenant pay a reduced Kw cost is an interesting twist - if the tenant has agreed to it in the lease contract I don't think it would be deemed illegal though - the owner is supplying a service at an agreed upon cost.

I would say that no landlord would or should be expected to provide FREE power, solar or not.
Homeowners have to pay substantial upfront amounts to install and maintain these solar systems, at their expense and it is only right they be able to recoupe them.

The terms of the written and signed lease will dictate the outcome of this issue.
I would imagine that the owner would have to give a min. 30 day written notice of any increase or change in the utility usage amount presently being charged and have tenant either agree to increase or be allowed to relocate to another rental. Just my prespective.
Even at 40 cents per Kwh, the tenant is getting a good deal. However all these issues need to be addressed in writing so be aware.
I fully realize that there will be some tenants and owners that will take advantage of this type of situation which is why it is important to address in a written lease.

Curious as to how this will turn out.

The tenant has been in the house for several years. The lease only specifies that the tenant will pay the electric bill and has not been modified since the solar system was put in. The owner and tenant verbally agreed to the solar power charge when it was put in about a year ago, the issue is that now the owner wants 3 cents a kilowatt more. The issue is outside of the written lease and the tenant can move if they want - I believe after the first year the lease became month to month. The owner can just turn off the solar system if he wants, since he gets no direct benefit, and the tenant will just continue to pay the WAPA bill, which will obviously increase. The question is does the VI government have any legal restrictions specific to solar power systems applicable to this situation. I can't imagine that they do, but then again it is our VI government we are talking about, so anything is pretty much possible.

Maybe Yearasta can answer this but I do not believe that if a tenant is up to date on paying their rent that the landlord can deprive them of electricity especially if included in the rent or the tenant is paying the amount specified by written or verbal agreement.
30 day (min.) Notices must be given, in writing, if any changes are being made and verbal commitments have no value unless specified in a lease agreement Addendum to such or e-mails between Landlord or tenants indicate this or that event may not be legal or acknowledged in court even if that a tenant uses more than a certain monetary amount or KWh.

It is very difficult for a landlord to remove a tenant in the VI so great leases are imperative.

Has anyone considered whether or not the landlord can be assessed additional taxes for charging for electric generation?

No, that's not going to happen and if it does, everyone will be out of here.
Not to mention that people would fight that tooth and nail despite the general apathy displayed here.

The owner would not be depriving the tenant of electricity if he disconnected the solar power system as it is a net metering system - WAPA power would still be available and is what provides power to the house at night or whenever the household usage is greater than the system can provide. The tenant's electrical availability would not be affected other than he would be paying more per kilowatt for whatever he used. I don't see how this would escalate into an eviction process since the disputed amount is only $30 or so per month, which is a drop in the bucket compared to the monthly rent. Its more of a pissing contest between two fairly stubborn individuals.

I believe it would oped up a can of worms if evicted. WAPA is to remain a monopoly in the electricity business according to the three hundred and some page documents about their business model. No other power providers can sell electricity in the USVI to anyone other then WAPA.

seems to me this is the same thing as condos charging their residents for water...some from wapa, some from cistern, some from ro or other system...if they can do this, and add a markup, don't see why homeowner can't do the same for a tenant...

We have internal electric and water meters in some of our rental properties and issue our own monthly invoices to those tenants. I know of a few other landlords who do this as well. Even though our solar system provides much cheaper electricity, we sell it at the same rate as WAPA. Why give it away?

Sunshinefun says "Even though our solar system provides much cheaper electricity, we sell it at the same rate as WAPA. Why give it away?"
Wow, that opens another can of worms!! I guess it's your right to do that, but isn't getting the solar panels to lower costs of living and working in the VI? Seems like the reason people are leaving is the higher costs and you may lose you tenant because of it. Maybe I am skewed in understanding what you are doing. Again no one else other than WAPA can sell electricity. This is why the debacle at Tutu Park happened. They got an outside company to set up and sell them power without involving WAPA. Ended with frozen valuable wind turbines which could have made a difference if done the right way.

I would be in a quandry as well. Let the tenant decide if they want to pay what you ask, or let them stay on WAPA is what I would do as far as the OP is concerned. How do you determine what it's costing you to produce. Wouldn't that remain constant? Maybe they miscalculated? Doubt I would try to make money off of it as then it will make what you're doing illegal.

I don't know what the answer is. We have been forced into this position by an overpriced inefficient power company. Don't think the powers to be are ready for this. Just look at the small disputes already with charging tenants for electricity.
I am disgruntled as to how it is affecting the historic district which we are so hard trying to preserve, and now they are putting panels willy nilly on roof tops spoiling historic streetscapes.

Yep, the above opens a whole new can or worms. As if we aren't already faced with enough issues.
I have to agree with Ronnie.....but doesn't the historic district have different rules and regs to protect them?

No, that's not going to happen and if it does, everyone will be out of here.
Not to mention that people would fight that tooth and nail despite the general apathy displayed here.

Really? Ya mean like how we all BEND OVER for WAPA now? Paaaaaleeeeese!

We have internal electric and water meters in some of our rental properties and issue our own monthly invoices to those tenants. I know of a few other landlords who do this as well. Even though our solar system provides much cheaper electricity, we sell it at the same rate as WAPA. Why give it away?

And if someone were to make enough noise about your electrical profits, you'll probably be assessed taxes for additional income.
Probably not a good idea to brag about it here. Oops. Too late.

Alana, when the solar installers get their permits the folks at permits don't tell them to go to the Historic Preservation Commission. Copying the nest rules for an historic town Williamsburg, you can put panels in as long as there are not seen from the street. Here is is a problem because of the hills. They also want to put panels facing south as their is 'more' sun. I think any side will do. So what if you miss a few percentage points, it won't be unsightly like the Federal Building and Tunick Building here in STT.

Going to hate to see what will happen in case of a good sized hurricane!

And if someone were to make enough noise about your electrical profits, you'll probably be assessed taxes for additional income.
Probably not a good idea to brag about it here. Oops. Too late.

Oooo...I'm really worried.

And if someone were to make enough noise about your electrical profits, you'll probably be assessed taxes for additional income.
Probably not a good idea to brag about it here. Oops. Too late.

Oooo...I'm really worried.

I like the cocky attitude. It will make the "I told you so" that much more rewarding.

Since everyone pisses and moans about damage caused by WAPA brown outs and surges, I'm just wondering if you all are willing to accept responsibility for damage your solar system may do to your tenants electronics. After all, you are making a profit from your little "electric" company.

Make sure you include what you need to in a lease document.

Even if you put it in the lease I'll bet if your solar system blows up some ones flat screen you're going to pay for it.

As if that ever going to happen.

IMO, the power from solar systems is much more stable and clean than the variable crap WAPA puts out. Its highly unlikely a solar system would be able to make a power surge unless hit by lightening.

As if that ever going to happen.

Why? Because it's solar it's some sort of magic? It's completely infallible? Right!

Internal meters are becoming pretty common I think. I'm a contractor and I've seen a few in just the past few months in homes with solar installations. Seems like a great revenue generator if you're a landlord.