HF 2879

as introduced - 88th Legislature (2013 - 2014) Posted on 03/10/2014 01:09pm

A bill for an act
relating to housing; landlord and tenant; establishing a residential tenant's right
to notice; providing penalties; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 504B.

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

Section 1.

new text begin [504B.212] RESIDENTIAL TENANT'S RIGHT TO NOTICE;
INFESTATION AND CHEMICAL TREATMENT HISTORY.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of infestation history. new text end

new text begin A landlord shall furnish to each rental
applicant a written notice that identifies any infestation of the residential rental property
that has occurred in the previous 12 months. The notice shall include infestations from
bedbugs, rodents, fleas, or cockroaches and shall identify any infestation of the premises
to be rented by the tenant, the units adjacent to those premises, or the building in which
the rental unit is located. The notice shall also contain:
new text end

new text begin (1) a listing of any unabated extermination orders issued by a housing code
enforcement agency for any part of the structure that the rental unit is located in;
new text end

new text begin (2) the date and nature of the infestation; and
new text end

new text begin (3) the extent of the abatement treatment in the previous 12 months by the tenant,
landlord, agent of the landlord, or contractor.
new text end

new text begin The exception to disclosures in section 504B.195, subdivision 3, shall not apply to
the notice required in this section.
new text end

new text begin Subd. 2. new text end

new text begin Notice of chemical treatment. new text end

new text begin Five days prior to the use of any chemical
treatment in a residential tenancy or building containing residential tenants, the landlord
shall provide a written notice to every tenant containing:
new text end

new text begin (1) a copy of each treatment's label that has been approved by the federal
Environmental Protection Agency, if any;
new text end

new text begin (2) the name of the chemical treatment;
new text end

new text begin (3) the intended purpose of the treatment;
new text end

new text begin (4) the potential impact of the treatment on humans and pets;
new text end

new text begin (5) a description of where and how the treatment will be applied;
new text end

new text begin (6) an explanation of any limitations or restrictions the Environmental Protection
Agency has indicated for the chemical treatment;
new text end

new text begin (7) a signed acknowledgement for the individual applying the chemical treatment
confirming their knowledge of the Environmental Protection Agency's directions for safe
application of the chemical treatment; and
new text end

new text begin (8) contact information for the state pesticide information Web site and the
University of Minnesota Bedbug Hotline telephone number.
new text end

new text begin The notice of chemical treatment required by this subdivision does not include the
use of heat or other nontoxic approaches to pest control. For the purposes of this section,
a label provided with the notice required by this section must be the Environmental
Protection Agency approved label under section 3 of the federal Insecticide, Fungicide,
and Rodenticide Act.
new text end

new text begin Subd. 3. new text end

new text begin Penalty. new text end

new text begin If the landlord fails to comply with any notice requirements in
this section, the tenant may bring a civil cause of action to recover damages, together with
costs and disbursements, including investigation and reasonable attorney fees, and other
equitable and injunctive relief as determined by the court. If a landlord has violated the
notice requirements of this section, the tenant is entitled to up to a $100 civil penalty
for each violation.
new text end

new text begin Subd. 4. new text end

new text begin Affirmative defense. new text end

new text begin It is an affirmative defense in an action brought
under this section for the landlord, agent, or person acting under the landlord's control
to prove that the notice required under this section was made as required by either
subdivision 1 or subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Remedies. new text end

new text begin The remedies provided in this section are in addition to and
shall not limit any other rights and remedies available to landlords and tenants. Any
provision, whether oral or written, of any lease or other agreement that waives the rights
granted by this section is contrary to public policy and void.
new text end

Sec. 2. new text begin APPROPRIATION; HEATING UNITS.
new text end

new text begin $....... is appropriated in fiscal year 2016 from the general fund to the commissioner
of health to administer a competitive grant program to allow nonprofit organizations to
purchase heat units to stop and control the spread of bedbugs.
new text end