HF 979

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; providing that 
  1.3             landlords may apportion utility payments among 
  1.4             residential units; amending Minnesota Statutes 1998, 
  1.5             section 504.185, subdivision 1a.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 504.185, 
  1.8   subdivision 1a, is amended to read: 
  1.9      Subd. 1a.  [SINGLE-METER UTILITY SERVICE PAYMENTS.] In a 
  1.10  residential leasehold contract entered into or renewed on or 
  1.11  after August 1, 1995, the owner of a single-metered residential 
  1.12  building shall be the bill payer responsible, and shall be the 
  1.13  customer of record contracting with the utility for utility 
  1.14  services.  The owner must advise the utility provider that the 
  1.15  utility services apply to a single-metered residential 
  1.16  building.  A failure by the owner to comply with this 
  1.17  subdivision is a violation of sections 504.18, subdivision 1, 
  1.18  clause (a), and 504.26.  This subdivision may not be waived by 
  1.19  contract or otherwise.  This subdivision does not require an 
  1.20  owner to contract and pay for utility service provided to each 
  1.21  residential unit through a separate meter which accurately 
  1.22  measures that unit's use only.  This subdivision does not 
  1.23  prohibit an owner from apportioning utility service payments 
  1.24  among residential units or adding utility service payments to a 
  1.25  unit's rent.  If the owner of a single-metered residential 
  2.1   building bills for utility charges separately from the rent, an 
  2.2   equitable method of apportionment and the frequency of billing 
  2.3   by the owner must be predetermined and made a part of the oral 
  2.4   or written lease.  All written and oral leases must contain a 
  2.5   provision that, upon request from a tenant, an owner must 
  2.6   provide a copy of the actual utility bill for the building along 
  2.7   with each apportioned utility bill.  Upon a tenant's request an 
  2.8   owner must also provide past copies of actual utility bills for 
  2.9   any period of the tenancy for which tenants received an 
  2.10  apportioned utility bill. 
  2.11     Sec. 2.  [INSTRUCTION TO THE REVISOR.] 
  2.12     The revisor of statutes is instructed to incorporate this 
  2.13  act into Minnesota Statutes, section 504A.131, and its successor 
  2.14  section should one be enacted. 
  2.15     Sec. 3.  [EFFECTIVE DATE.] 
  2.16     Section 1 is effective retroactively to August 1, 1995, 
  2.17  except that the provision requiring the method of apportionment 
  2.18  to be made part of the lease is effective with residential 
  2.19  leases entered into or renewed on or after August 1, 1999.