Sparks Fly: The E-Bike Ban Tango in New York City Apartments
The integration of e-bikes and e-scooters into the urban fabric of New York City has raised questions about the potential risks they pose within the confines of multi-unit apartment buildings.
Landlords, tasked with ensuring the safety and well-being of their tenants, may legitimately harbor concerns about the storage, charging, and usage of e-bikes within shared spaces. This concern has risen so much that the New York Housing Authority (“NYCHA”) has received $25 million dollars in federal funding to build safe charging stations outside of a select set of NYCHA developments.
E-bikes offer an eco-friendly alternative to traditional modes of commuting, aligning with the city’s push for cleaner and greener transportation options and Mayor Adams’ ‘City of Yes’ initiative. His “Charge Safe, Ride Safe: New York City’s Electric Micromobility Action Plan” seeks to promote the secure utilization of micromobility by implementing inventive pilot programs, leveraging new technologies, enhancing educational outreach, and updating infrastructure and policies. This includes the introduction of novel bike lane designs and the incorporation of public charging options.
But do private landlords need to toe the mayor’s line?
For condo and co-op boards, the implementation of e-bike policies is protected by the business judgment rule. This means that a coop or condo board can either ban or permit e-bikes, and courts will defer to the board’s policy without second guessing its decision-making process so long as the board is acting in good faith and within the scope its authority.
Recent legislation, responding to safety concerns, introduces the lithium-ion battery certification law (UL Standard 2271) to curb e-bike-related fires. This law specifically targets retailers of e-bike batteries, necessitating compliance with UL standards for any mobility device using lithium-ion batteries sold, leased, or rented in New York after September 16, 2023. Studies highlight the potential hazards associated with refurbished lithium-ion batteries, emphasizing the importance of avoiding their use.
The National Fire Protection Association (NFPA) underscores the potential dangers of mishandling lithium-ion batteries, stating that improper use or damage can lead to fires or explosions. The Fire Department of New York (FDNY) mandates housing providers to display a Fire and Emergency Preparedness Bulletin within residential buildings, outlining safety guidelines and e-bike-related warnings.
While storing e-bikes externally may reduce fire hazards, the lack of adequate external bicycle parking in many buildings renders this impractical. Some boards may still find it reasonable to ban indoor e-bike storage in specific buildings to mitigate risks for other residents. Separate from the storage implications of E-Bikes, some boards may also seek to educate their owners of the dangers of leaving unattended E-bikes charging.
The legal landscape surrounding the prohibition of e-bikes in apartment buildings is nuanced and evolving. In December 2023 FDNY Commissioner, Laura Cavanaugh reported that approximately 175 fires in the city were results of lithium-ion battery e-bikes. Landlords, guided by the principle of property rights, may argue that they have the authority to regulate the use of common spaces within their buildings, including the storage of potentially hazardous items such as e-bikes. Additional legislation needs to be implemented to provide a baseline guide on safe storage requirements. However, the legality of such bans could be challenged under New York City’s housing laws, which are designed to protect tenants from arbitrary restrictions imposed by landlords.
The evolving nature of transportation technology requires lawmakers to adapt regulations that attempt to satisfy both Landlord and Tenant concerns and rights.
In the ongoing discourse surrounding e-bikes in apartment buildings, it is crucial to address the rights of tenants who choose these electric-powered bicycles as their mode of transportation. Tenants have legitimate expectations of privacy, freedom of choice, and the ability to enjoy their living spaces without unwarranted restrictions. Therefore, any regulations imposed by landlords on the use and storage of e-bikes form a safety perspective must be balanced with tenants’ rights and the broader societal shift towards sustainable living.
Implementing secure storage solutions, and possible charging stations, within apartment buildings can also serve as a practical compromise. Designated areas equipped with proper charging infrastructure and safety measures can accommodate the storage needs of e-bike users while mitigating potential risks. This approach aligns with the principles of shared responsibility, where both landlords and tenants contribute to creating a safe and sustainable living environment.
To ensure a harmonious coexistence between landlords and tenants in the e-bike debate, open communication and collaboration are paramount. Landlords should engage in transparent discussions with tenants to understand their perspectives, address concerns, and establish mutually agreeable guidelines. This approach fosters a sense of community and shared responsibility, laying the foundation for a living environment where safety concerns are addressed without compromising tenants’ rights.
About the Author
Ian J. Brandt is Partner and Chair of the Co-op & Condominium Law practice who has been practicing exclusively in the co-op and condominium industry for over 20 years representing both landlords and tenants. He is seasoned in both transactional and litigation matters.
