Minnesota Legislature
HF 3428
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to landlord and tenant; modifying right of tenant to pay utility bills;
amending Minnesota Statutes 2006, section 504B.215, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 504B.215, subdivision 3, is amended to
read:
Subd. 3.
deleted text begin Proceduredeleted text end new text begin Right of tenants to pay utility billsnew text end .
(a) When a municipality,
utility company, or other company supplying home heating oil, propane, natural gas,
electricity, or water to a building has issued a final notice or has posted the building
proposing to disconnect or discontinue the service to the building because a landlord who
has contracted for the service has failed to pay for it or because a landlord is required by
law or contract to pay for the service and fails to do so, a tenant or group of tenants may
pay to have the service continued or reconnected as provided under this section. Before
paying for the service, the tenant or group of tenants shall give oral or written notice to
the landlord of the tenant's intention to pay after 48 hours, or a shorter period that is
reasonable under the circumstances, if the landlord has not already paid for the service. In
the case of oral notification, written notice shall be mailed or delivered to the landlord
within 24 hours after oral notice is given.
(b) In the case of natural gas, electricity, or water, if the landlord has not yet paid the
bill by the time of the tenant's intended payment, or if the service remains discontinueddeleted text begin ,deleted text end new text begin :
new text end
new text begin (1)new text end the tenant or tenants may pay the deleted text begin outstanding billdeleted text end new text begin current chargesnew text end for the most
recent billing period, deleted text begin ifdeleted text end new text begin andnew text end the utility company or municipality deleted text begin willdeleted text end new text begin mustnew text end restore the
service for at least one billing perioddeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) in a residential building with less than five units, and notwithstanding subdivision
2 or local law, one of the tenants may notify the utility company or municipality that the
tenant agrees to become the bill payer responsible and customer of record, and the utility
company or municipality must place the account disconnected or subject to disconnection
in the tenant's name and provide service prospectively, provided the tenant satisfies all
requirements for establishing service. The right to become the bill payer responsible and
the customer of record under this paragraph may be exercised only once in any 12-month
period.
new text end
new text begin
Exercise of the right granted in paragraph (b), clause (1), does not preclude exercise
of the right granted in paragraph (b), clause (2).
new text end
new text begin
In a single-metered residential building, other residential tenants in the building may
contribute payments to the utility company or municipality on the landlord's account under
paragraph (b), clause (1), or on the account of the tenant who is the customer of record
under paragraph (b), clause (2).
new text end
new text begin
For the purposes of this subdivision, "current charges" shall not include any arrears
incurred by the landlord.
new text end
new text begin
A landlord who satisfies all requirements for reestablishing service, including
paying, or entering into an agreement acceptable to the utility company or municipality to
pay, all arrears and all other lawful charges incurred by the landlord on the account that
was placed in the tenant's name, may reestablish service in the landlord's name.
new text end
(c) In the case of home heating oil or propane, if the landlord has not yet paid the
bill by the time of the tenant's intended payment, or if the service remains discontinued,
the tenant or tenants may order and pay for one month's supply of the proper grade and
quality of oil or propane.
(d) After submitting deleted text begin receipts fordeleted text end new text begin documentation to the landlord ofnew text end the new text begin tenant's
new text end payment to the deleted text begin landlorddeleted text end new text begin utility company or municipalitynew text end , a tenant may deduct the amount
of the tenant's payment new text begin to the utility company or municipality new text end from the rental payment
next paid to the landlord. Any amount paid to the municipality, utility company, or other
company by a tenant under this subdivision is considered payment of rent to the landlord
for purposes of section 504B.291.