SF 3323

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 02:27pm

A bill for an act
relating to housing; amending the covenants implied in a residential lease; providing
for tenants remedies against landlords for repairs; allowing a tenant to request
emergency repairs from the court; amending Minnesota Statutes 2018, sections
504B.161, subdivision 1; 504B.381, subdivisions 1, 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 504B.161, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use intended by the parties;

(2) to keep the premises in reasonable repair during the term of the lease or license,
except when the disrepair has been caused by the willful, malicious, or irresponsible conduct
of the tenant or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises reasonably energy efficient by installing weatherstripping,
caulking, storm windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential energy costs
in Minnesota, that will exceed the cost of implementing that measure, including interest,
amortized over the ten-year period following the incurring of the cost; deleted text begin and
deleted text end

(4) to maintain the premises in compliance with the applicable health and safety laws
of the state, and of the local units of government where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) to supply or furnish heat at a minimum temperature of at least 68 degrees Fahrenheit,
measured at a distance of 36 inches above floor level, and not closer than 36 inches from
any wall, from October 1 through April 30.
new text end

(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.

Sec. 2.

Minnesota Statutes 2018, section 504B.381, subdivision 1, is amended to read:

Subdivision 1.

Petition.

A person authorized to bring an action under section 504B.395,
subdivision 1, may petition the court for relief deleted text begin in cases of emergency involving the loss of
running water, hot water, heat, electricity, sanitary facilities, or other essential services or
facilities that the landlord is responsible for providing. deleted text end new text begin :
new text end

new text begin (1) where a local unit of government has issued a condemnation order or a notice of
intent to condemn; or
new text end

new text begin (2) in cases of emergency involving the following services and facilities when the landlord
is responsible for providing them:
new text end

new text begin (i) a serious infestation;
new text end

new text begin (ii) the loss of running water;
new text end

new text begin (iii) the loss of hot water;
new text end

new text begin (iv) the loss of heat;
new text end

new text begin (v) the loss of electricity;
new text end

new text begin (vi) the loss of sanitary facilities;
new text end

new text begin (vii) a nonfunctioning refrigerator;
new text end

new text begin (viii) if included in the lease, a nonfunctioning air conditioner;
new text end

new text begin (iv) if included in the lease, no functioning elevator;
new text end

new text begin (x) any conditions, services, or facilities that pose a serious and negative impact on
health or safety; or
new text end

new text begin (xi) other essential services or facilities.
new text end

Sec. 3.

Minnesota Statutes 2018, section 504B.381, subdivision 5, is amended to read:

Subd. 5.

Relief; service of order.

new text begin Provided proof that the petitioner has given the notice
required in subdivision 4 to the landlord, if the court finds based on the petitioner's emergency
ex parte motion for relief, affidavit, and other evidence presented that the landlord violated
subdivision 1, then new text end the court new text begin shall order that the landlord immediately remedy the violation
and new text end may order relief as provided in section 504B.425. The new text begin court and new text end petitioner shall serve
the order on the landlord personally or by mail as soon as practicable. new text begin The court shall include
notice of a hearing and, at the hearing, shall consider evidence of alleged violations, defenses,
compliance with the order, and any additional relief available under section 504B.425. The
court and petitioner shall serve the notice of hearing on the ex parte petition and emergency
order personally or by mail as soon as practicable.
new text end

Sec. 4.

Minnesota Statutes 2018, section 504B.381, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Filing fee. new text end

new text begin The court administrator may charge a filing fee in the amount set
for complaints and counterclaims in conciliation court, subject to the filing of an inability
to pay affidavit.
new text end