Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 3259

as introduced - 86th Legislature (2009 - 2010) Posted on 03/01/2010 09:38am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23
3.24

A bill for an act
relating to energy; modifying utility's requirement to post notice of impending
disconnection of utility services to a rental building due to landlord's failure
to pay for service; amending Minnesota Statutes 2008, section 504B.215,
subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 504B.215, subdivision 3, is amended to
read:


Subd. 3.

Procedure.

(a) deleted text begin Whendeleted text end A municipality, utility company, or other company
supplying home heating oil, propane, natural gas, electricity, or water to a building
deleted text begin has issueddeleted text end new text begin who issuesnew text end a final notice deleted text begin or has posted the buildingdeleted text end 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 sodeleted text begin , a tenant or group of tenants may pay to have the
service continued or reconnected as provided under this section
deleted text end new text begin must provide notice to the
residents of the impending disconnection by posting the building
new text end . deleted text begin If a building is posted,deleted text end
The posting must be placed in at least one conspicuous location in new text begin or on new text end the building and
provide tenants with, at a minimum, the following information:

(1) the date the service will be discontinued;

(2) the telephone number to call at the utility to obtain further information;

(3) a brief description of the rights of tenants under this section to continue or
restore service; and

(4) advice to consider seeking assistance from legal aid, a private attorney, or a
housing organization in exercising the rights of tenants under Minnesota law to maintain
their utility service.

new text begin A tenant or group of tenants may pay to have the service continued or reconnected as
provided under this section.
new text end 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 or electricity, if the landlord has not paid the bill
by the time of the tenant's intended payment or if the service remains discontinued,
the tenant or tenants may pay the current charges for the most recent billing period
and the utility company or municipality must restore the service for at least one billing
period. In a residential building with less than five units, 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. A tenant becoming the customer of record of a cooperative electric association
does not acquire membership rights. Exercise of the right to pay the current charges for
the most recent billing period does not preclude exercising the right to become the bill
payer responsible and customer of record, provided that if there are multiple tenants in an
affected multifamily building, the utility company or municipality is not required to offer
the right to become the bill payer responsible and the customer of record to more than
one tenant in a 12-month period.

(c) In the case of water, if the landlord has not paid the bill by the time of the tenant's
intended payment or if the service remains discontinued, upon request from a tenant, a
municipality must provide a copy of each bill the landlord fails to pay. The tenant:

(1) has a continuing right to pay the current charges for the most recent billing
period and retain service;

(2) has the period of time provided by the governing ordinance, policy, or practice
within which to pay the charges;

(3) is not subject to any deposit requirements; and

(4) is entitled to reasonable notice of any disconnection.

This paragraph does not require a municipality to alter its accounting system or
billing records if the tenant exercises the right to pay current charges and retain water
service. If there are multiple tenants in an affected property, the municipality is not
required to offer the right to pay current charges and retain service to more than one
tenant in a 12-month period.

(d) For purposes of this subdivision, "current charges" does not include arrears or
late payment fees incurred by the landlord.

(e) In a single-metered residential building, other residential tenants in the building
may contribute payments to the utility company or municipality on the account of the
tenant who is the customer of record under paragraph (b) or on the landlord's account
under paragraph (c).

(f) 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 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.

(g) This section does not restrict or prohibit a municipal utility provider from
exercising its authority pursuant to section 444.075, subdivisions 3 and 3e, to make
contracts with and impose utility charges against property owners and to certify unpaid
charges to the county auditor with taxes against the property served for collection as a tax.

(h) 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.

(i) After submitting documentation to the landlord of the tenant's payment to the
utility company or municipality, a tenant may deduct the amount of the tenant's payment to
the utility company or municipality 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end