Minnesota Legislature
SF 2426
as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 09:12am
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A bill for an act
relating to housing; requiring landlords to test for radon and provide disclosures;
providing penalties and remedies; proposing coding for new law in Minnesota
Statutes, chapter 504B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[504B.152] RADON TESTING; DISCLOSURE; MITIGATION.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have
the meanings given them.
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(b) "Elevated radon concentration" has the meaning given in section 144.496, subdivision
2.
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(c) "Mitigation" has the meaning given in section 144.496, subdivision 2.
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(d) "Radon test" means a measurement of indoor radon concentrations according to
established industry standards for a residential building.
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new text begin Subd. 2. new text end
new text begin Radon testing. new text end
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(a) A landlord must complete a long-term radon test at least
once every three years in a residential building. The long-term test must conform with radon
testing standards established by the commissioner of health under chapter 144.
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(b) A licensed radon professional under the Minnesota Radon Licensing Act, section
144.4961, must perform the radon test required by this section.
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(c) A landlord must report the most recent radon test results to:
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(1) all current tenants;
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(2) the commissioner of health; and
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(3) the inspector.
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(d) Notwithstanding any provision to the contrary, the commissioner of health and the
inspector must provide a publicly available and searchable electronic database with
information regarding the most recent radon test results submitted under this subdivision.
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new text begin Subd. 3. new text end
new text begin Radon disclosure. new text end
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(a) A landlord must provide a copy of the Department of
Health's publication titled "Radon in Rental Properties" and a radon disclosure to each
prospective tenant before executing a residential lease. The disclosure must identify:
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(1) the date of the most recent radon test performed at the residential building;
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(2) the most recent records and reports pertaining to radon concentrations within the
residential building; and
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(3) a description of any mitigation or remediation measures taken at the residential
building.
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new text begin Subd. 4. new text end
new text begin Mitigation. new text end
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(a) A landlord must perform mitigation within 90 days of a radon
test result that indicates an elevated radon concentration.
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(b) A radon mitigation professional licensed under section 144.4961 must perform the
mitigation.
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new text begin Subd. 5. new text end
new text begin Remedy. new text end
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(a) If a landlord violates this section, a tenant may bring an action in
district court pursuant to this section or section 504B.161.
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(b) The residential tenant may report alleged violations of this section to the inspector.
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(c) If a landlord violates subdivision 2, 3, or 4, the residential tenant is entitled to damages
equal to $250 per violation and reasonable attorney fees, in addition to any other remedies
or penalties.
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(d) Falsifying a radon test or radon test result is a breach of section 504B.161 and the
residential tenant is entitled to punitive damages of $500 in addition to any other remedies
or penalties.
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(e) The attorney general may seek the penalties and remedies available under section
8.31 against any person who violates this section.
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new text begin EFFECTIVE DATE. new text end
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This section is effective December 1, 2019, and applies to all
residential agreements in effect or entered into on or after that date.
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Sec. 2. new text begin DEPARTMENT OF HEALTH PUBLICATION.
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The commissioner of health must produce a publication titled "Radon in Rental
Properties" for distribution to landlords and tenants. The publication must be available
electronically through the Department of Health's website. The publication must include
information related to:
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(1) the health effects of indoor radon;
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(2) the acceptable level of indoor radon; and
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(3) a landlord's duties and a tenant's rights under Minnesota Statutes, section 504B.152.
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new text begin EFFECTIVE DATE. new text end
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This section is effective December 1, 2019.
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