SF 2909

CCR--SF2909A - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2909 1.2A bill for an act 1.3relating to landlord and tenant; modifying right of tenant to pay utility bills; 1.4amending Minnesota Statutes 2006, section 504B.215, subdivision 3. 1.5April 29, 2008 1.6The Honorable James P. Metzen 1.7President of the Senate 1.8The Honorable Margaret Anderson Kelliher 1.9Speaker of the House of Representatives 1.10We, the undersigned conferees for S.F. No. 2909 report that we have agreed upon 1.11the items in dispute and recommend as follows: 1.12That the House recede from its amendment and that S.F. No. 2909 be further 1.13amended as follows: 1.14Delete everything after the enacting clause and insert: 1.15    "Section 1. Minnesota Statutes 2006, section 504B.215, subdivision 2, is amended to 1.16read: 1.17    Subd. 2. Single-meter utility service payments. In a residential leasehold contract 1.18entered into or renewed on or after August 1, 1995 new text begin Except as provided in subdivision 3 new text end , 1.19the landlord of a single-metered residential building shall be the bill payer responsible, 1.20and shall be the customer of record contracting with the utility for utility services. The 1.21landlord must advise the utility provider that the utility services apply to a single-metered 1.22residential building. A failure by the landlord to comply with this subdivision is a 1.23violation of sections 504B.161, subdivision 1, clause (1), and 504B.221. This subdivision 1.24may not be waived by contract or otherwise. This subdivision does not require a landlord 1.25to contract and pay for utility service provided to each residential unit through a separate 1.26meter which accurately measures that unit's use only. This subdivision does not prohibit a 1.27landlord from apportioning utility service payments among residential units and either 1.28including utility costs in a unit's rent or billing for utility charges separate from rent. 2.1    Sec. 2. Minnesota Statutes 2006, section 504B.215, subdivision 3, is amended to read: 2.2    Subd. 3. Procedure. (a) When a municipality, utility company, or other company 2.3supplying home heating oil, propane, natural gas, electricity, or water to a building has 2.4issued a final notice or has posted the building proposing to disconnect or discontinue the 2.5service to the building because a landlord who has contracted for the service has failed 2.6to pay for it or because a landlord is required by law or contract to pay for the service 2.7and fails to do so, a tenant or group of tenants may pay to have the service continued or 2.8reconnected as provided under this section. new text begin If a building is posted, the posting must be new text end 2.9 new text begin placed in at least one conspicuous location in the building and provide tenants with, new text end 2.10 new text begin at a minimum, the following information: new text end 2.11     new text begin (1) the date the service will be discontinued; new text end 2.12     new text begin (2) the telephone number to call at the utility to obtain further information; new text end 2.13     new text begin (3) a brief description of the rights of tenants under this section to continue or new text end 2.14 new text begin restore service; and new text end 2.15     new text begin (4) advice to consider seeking assistance from legal aid, a private attorney, or a new text end 2.16 new text begin housing organization in exercising the rights of tenants under Minnesota law to maintain new text end 2.17 new text begin their utility service. new text end 2.18Before paying for the service, the tenant or group of tenants shall give oral or written 2.19notice to the landlord of the tenant's intention to pay after 48 hours, or a shorter period that 2.20is reasonable under the circumstances, if the landlord has not already paid for the service. 2.21In the case of oral notification, written notice shall be mailed or delivered to the landlord 2.22within 24 hours after oral notice is given. 2.23    (b) In the case of natural gas, new text begin or new text end electricity, or water, if the landlord has not yet paid 2.24the bill by the time of the tenant's intended payment, or if the service remains discontinued, 2.25the tenant or tenants may pay the outstanding bill new text begin current charges new text end for the most recent 2.26billing period, if new text begin and new text end the utility company or municipality will new text begin must new text end restore the service for 2.27at least one billing period. new text begin In a residential building with less than five units, one of the new text end 2.28 new text begin tenants may notify the utility company or municipality that the tenant agrees to become new text end 2.29 new text begin the bill payer responsible and customer of record and the utility company or municipality new text end 2.30 new text begin must place the account disconnected or subject to disconnection in the tenant's name new text end 2.31 new text begin and provide service prospectively, provided the tenant satisfies all requirements for new text end 2.32 new text begin establishing service. A tenant becoming the customer of record of a cooperative electric new text end 2.33 new text begin association does not acquire membership rights. Exercise of the right to pay the current new text end 2.34 new text begin charges for the most recent billing period does not preclude exercising the right to become new text end 2.35 new text begin the bill payer responsible and customer of record, provided that if there are multiple new text end 2.36 new text begin tenants in an affected multifamily building, the utility company or municipality is not new text end 3.1 new text begin required to offer the right to become the bill payer responsible and the customer of record new text end 3.2 new text begin to more than one tenant in a 12-month period. new text end 3.3     new text begin (c) In the case of water, if the landlord has not paid the bill by the time of the tenant's new text end 3.4 new text begin intended payment or if the service remains discontinued, upon request from a tenant, a new text end 3.5 new text begin municipality must provide a copy of each bill the landlord fails to pay. The tenant: new text end 3.6     new text begin (1) has a continuing right to pay the current charges for the most recent billing new text end 3.7 new text begin period and retain service; new text end 3.8     new text begin (2) has the period of time provided by the governing ordinance, policy, or practice new text end 3.9 new text begin within which to pay the charges; new text end 3.10     new text begin (3) is not subject to any deposit requirements; and new text end 3.11     new text begin (4) is entitled to reasonable notice of any disconnection. new text end 3.12     new text begin This paragraph does not require a municipality to alter its accounting system or new text end 3.13 new text begin billing records if the tenant exercises the right to pay current charges and retain water new text end 3.14 new text begin service. If there are multiple tenants in an affected property, the municipality is not new text end 3.15 new text begin required to offer the right to pay current charges and retain service to more than one new text end 3.16 new text begin tenant in a 12-month period. new text end 3.17     new text begin (d) For purposes of this subdivision, "current charges" does not include arrears or new text end 3.18 new text begin late payment fees incurred by the landlord. new text end 3.19    (c) new text begin (e) new text end new text begin In a single-metered residential building, other residential tenants in the new text end 3.20 new text begin building may contribute payments to the utility company or municipality on the account of new text end 3.21 new text begin the tenant who is the customer of record under paragraph (b) or on the landlord's account new text end 3.22 new text begin under paragraph (c). new text end 3.23     new text begin (f) A landlord who satisfies all requirements for reestablishing service, including new text end 3.24 new text begin paying, or entering into an agreement acceptable to the utility company or municipality to new text end 3.25 new text begin pay, all arrears and other lawful charges incurred by the landlord on the account that was new text end 3.26 new text begin placed in the tenant's name, may reestablish service in the landlord's name. new text end 3.27     new text begin (g) This section does not restrict or prohibit a municipal utility provider from new text end 3.28 new text begin exercising its authority pursuant to section 444.075, subdivisions 3 and 3e, to make new text end 3.29 new text begin contracts with and impose utility charges against property owners and to certify unpaid new text end 3.30 new text begin charges to the county auditor with taxes against the property served for collection as a tax. new text end 3.31     new text begin (h) new text end In the case of home heating oil or propane, if the landlord has not yet paid the 3.32bill by the time of the tenant's intended payment, or if the service remains discontinued, 3.33the tenant or tenants may order and pay for one month's supply of the proper grade and 3.34quality of oil or propane. 3.35    (d) new text begin (i) new text end After submitting receipts for new text begin documentation to the landlord of new text end the new text begin tenant's new text end 3.36payment to the landlord new text begin utility company or municipality new text end , a tenant may deduct the amount 4.1of the tenant's payment new text begin to the utility company or municipality new text end from the rental payment 4.2next paid to the landlord. Any amount paid to the municipality, utility company, or other 4.3company by a tenant under this subdivision is considered payment of rent to the landlord 4.4for purposes of section 504B.291." 4.5Delete the title and insert: 4.6"A bill for an act 4.7relating to landlord and tenant; modifying right of tenant to pay utility bills; 4.8amending Minnesota Statutes 2006, section 504B.215, subdivisions 2, 3." We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Rick E. Olseen, Linda Higgins, Warren LimmerHouse Conferees: (Signed) Bob Gunther, Joe Mullery, Tom Tillberry 5.1 We request the adoption of this report and repassage of the bill. 5.2 Senate Conferees:(Signed) 5.3 ..... ..... 5.4 Rick E. Olseen Linda Higgins 5.5 ..... 5.6 Warren Limmer 5.7 House Conferees:(Signed) 5.8 ..... ..... 5.9 Bob Gunther Joe Mullery 5.10 ..... 5.11 Tom Tillberry