1.1 	A bill for an act
1.2 	relating to housing; requiring heating facilities in rental property; providing 
1.3 	penalties;proposing coding for new law in Minnesota Statutes, chapter 504B.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. [504B.276] DEFINITIONS.
1.6 		Subdivision 1.Application. The definitions in this section apply to sections 
1.7 	504B.276 to 504B.280.
1.8 		Subd. 2.Landlord. "Landlord" has the meaning defined in section 504B.211, 
1.9 	subdivision 1.
1.10 		Subd. 3.Violation. "Violation" has the meaning defined in section 504B.001, 
1.11 	subdivision 14, and also includes a violation of any of the covenants set forth in section 
1.12 	504B.277 or 504B.278.
1.13 		Subd. 4.Habitable space; habitable room. "Habitable space" or "habitable room" 
1.14 	means space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet 
1.15 	rooms, closets, halls, storage rooms, laundry or utility space, and similar areas, are not 
1.16 	considered habitable space.
1.17 		Subd. 5.Utility heating service. "Utility heating service" has the meaning defined 
1.18 	in section 216B.096, subdivision 2, paragraph (k).

1.19 	Sec. 2. [504B.277] HEATING FACILITIES IN RENTAL PROPERTY.
1.20 	The owner of every residential building shall provide heating facilities and shall be 
1.21 	required to see that the heating facilities are properly installed, safely maintained, and in 
1.22 	good working condition, and that the facilities are capable of safely and adequately heating 
1.23 	all habitable rooms, bathrooms, and toilet rooms located in the building to a temperature 
2.1 	of at least 68 degrees Fahrenheit, measured at a distance of 36 inches above floor level, 
2.2 	and not closer than 36 inches from any wall at all times when the outside temperature is at 
2.3 	or below 68 degrees Fahrenheit.

2.4 	Sec. 3. [504B.278] TEMPERATURE MAINTENANCE IN RENTAL PROPERTY.
2.5 	A landlord of a residential building must ensure that the temperature in all habitable 
2.6 	rooms, bathrooms, and toilet rooms located in the building is maintained at a temperature 
2.7 	of at least 65 degrees Fahrenheit, measured at a distance of 36 inches above floor level, 
2.8 	and not closer than 36 inches from any wall at all times when the outside temperature is at 
2.9 	or below 65 degrees Fahrenheit.

2.10 	Sec. 4. [504B.279] EXCEPTIONS TO TEMPERATURE MAINTENANCE 
2.11 	REQUIREMENT.
2.12 		Subdivision 1.Waiver. Landlords and residential tenants may contract through 
2.13 	express written agreement, which must be physically separate from any lease, to waive the 
2.14 	temperature maintenance requirement found in section 504B.278.
2.15 		Subd. 2.Tenant's failure to pay bill. Landlords shall not be responsible for the 
2.16 	obligations set forth in section 504B.278 during any period of utility heating service 
2.17 	disconnection caused by the tenant's failure to pay utility bills for which they are expressly 
2.18 	responsible.
2.19 		Subd. 3.Local ordinances. This section does not preclude any local ordinance 
2.20 	prohibiting such an agreement.

2.21 	Sec. 5. [504B.280] PENALTIES.
2.22 	(a) An owner or landlord who violates section 504B.277 or 504B.278 shall be 
2.23 	considered to have violated section 504B.221, and applicable penalties and remedies are 
2.24 	governed by section 504B.221.
2.25 	(b) Where a waiver complying with the requirements of section 504B.279 exists, the 
2.26 	voiding clause found in section 504B.221, paragraph (b), shall not apply.

2.27 	Sec. 6. EFFECTIVE DATE.
 2.28 	Sections 1 to 5 are effective for leases entered into on or after July 1, 2008.