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HF 1902

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2015 03:03pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to housing; modifying the requirements for single-metered residential
buildings to provide additional remedies to tenants for utility billing; amending
Minnesota Statutes 2014, section 504B.215, subdivision 2a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 504B.215, subdivision 2a, is amended to
read:


Subd. 2a.

Conditions of separate utility billing to tenant in single-meter
buildings.

(a) A landlord of a single-metered residential building who bills for utility
charges separate from the rent:

(1) must provide prospective tenants notice of the total utility cost for the deleted text begin buildingdeleted text end new text begin
unit
new text end for each month of the new text begin two new text end most recent calendar deleted text begin yeardeleted text end new text begin years, as well as the peak
amount, the low amount, and the average monthly bill amount
new text end ;

(2) must predetermine and put in writing for all leases an equitable method of
apportionment and the frequency of billing by the landlord;

(3) must include in the lease a provision that, upon a tenant's request, the landlord
must provide a copy of the actual utility bill for the building along with each apportioned
utility billnew text begin and provide a public posting in the building of the right to this information and
any information available under Minnesota Rules, parts 7820.0200 and 7820.3500
new text end . Upon
a tenant's request, a landlord must also provide past copies of actual utility bills for any
period of the tenancy for which the tenant received an apportioned utility bill. Past copies
of utility bills must be provided for the preceding two years or from the time the current
landlord acquired the building, whichever is most recent; deleted text begin and
deleted text end

new text begin (4) must perform an energy audit every four years and provide the report to current
renters at the time of the audit and a copy of the most recent audit to prospective renters
prior to occupancy;
new text end

new text begin (5) must provide notice in each utility bill that tenants have a right to request the
information in clause (3);
new text end

new text begin (6) must provide bills that have a defined due date;
new text end

new text begin (7) must provide a dispute resolution process to a tenant in the event the tenant
disputes the utility bill under this section; and
new text end

deleted text begin (4)deleted text end new text begin (8)new text end may, if the landlord and tenant agree, provide tenants with a lease term of one
year or more the option to pay those bills under an annualized budget plan providing for
level monthly payments based on a good faith estimate of the annual bill.

(b) By September 30 of each year, a landlord of a single-metered residential building
who bills for gas and electric utility charges separate from rent must inform tenants in
writing of the possible availability of energy assistance from the Low Income Home
Energy Assistance Program. The information must contain the toll-free telephone number
of the administering agency.

(c) A failure by the landlord to comply with this subdivision is a violation of sections
504B.161, subdivision 1, clause (1), and 504B.221.