SF 3807

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 09:43am

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.

new text begin [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

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Elevated radon concentration" has the meaning given in section 144.496, subdivision
2.
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new text begin (c) "Mitigation" has the meaning given in section 144.496, subdivision 2.
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new text begin (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

new text begin (a) A landlord must complete a long-term radon test at least
once every five 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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new text begin (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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new text begin (c) A landlord must report the most recent radon test results to:
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new text begin (1) all current tenants;
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new text begin (2) the commissioner of health; and
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new text begin (3) the inspector.
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new text begin (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

new text begin A landlord must provide a copy of the Department of Health's
publication, 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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new text begin (1) the date of the most recent radon test performed at the residential building;
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new text begin (2) the most recent records and reports pertaining to radon concentrations within the
residential building; and
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new text begin (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

new text begin (a) A landlord must perform mitigation within 90 days of a radon
test result that indicates an elevated radon concentration.
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new text begin (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

new text begin (a) If a landlord violates this section, a tenant may bring an action in
district court pursuant to this section or section 504B.161. The 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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new text begin (b) The residential tenant may report alleged violations of this section to the inspector.
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new text begin (c) 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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new text begin (d) 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

new text begin This section is effective December 1, 2024, and applies to leases
entered into on or after that date.
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Sec. 2. new text begin DEPARTMENT OF HEALTH PUBLICATION.
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new text begin The commissioner of health must produce a publication, 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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new text begin (1) the health effects of indoor radon;
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new text begin (2) the acceptable level of indoor radon; and
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new text begin (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

new text begin This section is effective December 1, 2024.
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