Minnesota Legislature
SF 2909A
Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 01/15/2013 08:28pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2909
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 Except as provided in subdivision 3,
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 sections504B.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. If a building is posted, the posting must be
2.9placed in at least one conspicuous location in the building and provide tenants with,
2.10at a minimum, the following information:
2.11 (1) the date the service will be discontinued;
2.12 (2) the telephone number to call at the utility to obtain further information;
2.13 (3) a brief description of the rights of tenants under this section to continue or
2.14restore service; and
2.15 (4) advice to consider seeking assistance from legal aid, a private attorney, or a
2.16housing organization in exercising the rights of tenants under Minnesota law to maintain
2.17their utility service.
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, or 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 theoutstanding bill current charges for the most recent
2.26billing period, if and the utility company or municipality will must restore the service for
2.27at least one billing period. In a residential building with less than five units, one of the
2.28tenants may notify the utility company or municipality that the tenant agrees to become
2.29the bill payer responsible and customer of record and the utility company or municipality
2.30must place the account disconnected or subject to disconnection in the tenant's name
2.31and provide service prospectively, provided the tenant satisfies all requirements for
2.32establishing service. A tenant becoming the customer of record of a cooperative electric
2.33association does not acquire membership rights. Exercise of the right to pay the current
2.34charges for the most recent billing period does not preclude exercising the right to become
2.35the bill payer responsible and customer of record, provided that if there are multiple
2.36tenants in an affected multifamily building, the utility company or municipality is not
3.1required to offer the right to become the bill payer responsible and the customer of record
3.2to more than one tenant in a 12-month period.
3.3 (c) In the case of water, if the landlord has not paid the bill by the time of the tenant's
3.4intended payment or if the service remains discontinued, upon request from a tenant, a
3.5municipality must provide a copy of each bill the landlord fails to pay. The tenant:
3.6 (1) has a continuing right to pay the current charges for the most recent billing
3.7period and retain service;
3.8 (2) has the period of time provided by the governing ordinance, policy, or practice
3.9within which to pay the charges;
3.10 (3) is not subject to any deposit requirements; and
3.11 (4) is entitled to reasonable notice of any disconnection.
3.12 This paragraph does not require a municipality to alter its accounting system or
3.13billing records if the tenant exercises the right to pay current charges and retain water
3.14service. If there are multiple tenants in an affected property, the municipality is not
3.15required to offer the right to pay current charges and retain service to more than one
3.16tenant in a 12-month period.
3.17 (d) For purposes of this subdivision, "current charges" does not include arrears or
3.18late payment fees incurred by the landlord.
3.19(c) (e) In a single-metered residential building, other residential tenants in the
3.20building may contribute payments to the utility company or municipality on the account of
3.21the tenant who is the customer of record under paragraph (b) or on the landlord's account
3.22under paragraph (c).
3.23 (f) A landlord who satisfies all requirements for reestablishing service, including
3.24paying, or entering into an agreement acceptable to the utility company or municipality to
3.25pay, all arrears and other lawful charges incurred by the landlord on the account that was
3.26placed in the tenant's name, may reestablish service in the landlord's name.
3.27 (g) This section does not restrict or prohibit a municipal utility provider from
3.28exercising its authority pursuant to section 444.075, subdivisions 3 and 3e, to make
3.29contracts with and impose utility charges against property owners and to certify unpaid
3.30charges to the county auditor with taxes against the property served for collection as a tax.
3.31 (h) 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) (i) After submitting receipts for documentation to the landlord of the tenant's
3.36payment to thelandlord utility company or municipality, a tenant may deduct the amount
4.1of the tenant's payment to the utility company or municipality 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 section504B.291 ."
4.5Delete the title and insert:
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
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.
1.18
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
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. If a building is posted, the posting must be
2.9placed in at least one conspicuous location in the building and provide tenants with,
2.10at a minimum, the following information:
2.11 (1) the date the service will be discontinued;
2.12 (2) the telephone number to call at the utility to obtain further information;
2.13 (3) a brief description of the rights of tenants under this section to continue or
2.14restore service; and
2.15 (4) advice to consider seeking assistance from legal aid, a private attorney, or a
2.16housing organization in exercising the rights of tenants under Minnesota law to maintain
2.17their utility service.
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
2.24the bill by the time of the tenant's intended payment
2.25the tenant or tenants may pay the
2.26billing period
2.27at least one billing period. In a residential building with less than five units, one of the
2.28tenants may notify the utility company or municipality that the tenant agrees to become
2.29the bill payer responsible and customer of record and the utility company or municipality
2.30must place the account disconnected or subject to disconnection in the tenant's name
2.31and provide service prospectively, provided the tenant satisfies all requirements for
2.32establishing service. A tenant becoming the customer of record of a cooperative electric
2.33association does not acquire membership rights. Exercise of the right to pay the current
2.34charges for the most recent billing period does not preclude exercising the right to become
2.35the bill payer responsible and customer of record, provided that if there are multiple
2.36tenants in an affected multifamily building, the utility company or municipality is not
3.1required to offer the right to become the bill payer responsible and the customer of record
3.2to more than one tenant in a 12-month period.
3.3 (c) In the case of water, if the landlord has not paid the bill by the time of the tenant's
3.4intended payment or if the service remains discontinued, upon request from a tenant, a
3.5municipality must provide a copy of each bill the landlord fails to pay. The tenant:
3.6 (1) has a continuing right to pay the current charges for the most recent billing
3.7period and retain service;
3.8 (2) has the period of time provided by the governing ordinance, policy, or practice
3.9within which to pay the charges;
3.10 (3) is not subject to any deposit requirements; and
3.11 (4) is entitled to reasonable notice of any disconnection.
3.12 This paragraph does not require a municipality to alter its accounting system or
3.13billing records if the tenant exercises the right to pay current charges and retain water
3.14service. If there are multiple tenants in an affected property, the municipality is not
3.15required to offer the right to pay current charges and retain service to more than one
3.16tenant in a 12-month period.
3.17 (d) For purposes of this subdivision, "current charges" does not include arrears or
3.18late payment fees incurred by the landlord.
3.19
3.20building may contribute payments to the utility company or municipality on the account of
3.21the tenant who is the customer of record under paragraph (b) or on the landlord's account
3.22under paragraph (c).
3.23 (f) A landlord who satisfies all requirements for reestablishing service, including
3.24paying, or entering into an agreement acceptable to the utility company or municipality to
3.25pay, all arrears and other lawful charges incurred by the landlord on the account that was
3.26placed in the tenant's name, may reestablish service in the landlord's name.
3.27 (g) This section does not restrict or prohibit a municipal utility provider from
3.28exercising its authority pursuant to section 444.075, subdivisions 3 and 3e, to make
3.29contracts with and impose utility charges against property owners and to certify unpaid
3.30charges to the county auditor with taxes against the property served for collection as a tax.
3.31 (h) 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
3.36payment to the
4.1of the tenant's payment to the utility company or municipality 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
4.5Delete the title and insert:
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