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SF 4054

as introduced - 91st Legislature (2019 - 2020) Posted on 03/06/2020 09:14am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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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.

new text begin [504B.152] RADON TESTING; DISCLOSURE; MITIGATION.
new text end

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 them.
new text end

new text begin (b) "Elevated radon concentration" has the meaning given in section 144.496, subdivision
2.
new text end

new text begin (c) "Mitigation" has the meaning given in section 144.496, subdivision 2.
new text end

new text begin (d) "Radon testing" means a measurement of indoor radon concentrations according to
testing standards established by the commissioner of health under chapter 144.
new text end

new text begin Subd. 2. new text end

new text begin Radon testing. new text end

new text begin (a) A landlord must complete radon testing at least once every
five years in all of their leased residential buildings.
new text end

new text begin (b) A licensed radon professional under the Minnesota Radon Licensing Act, section
144.4961, must perform the radon testing required by this section.
new text end

new text begin (c) A landlord must report the most recent radon test results to:
new text end

new text begin (1) all current tenants within 30 days of receiving the test results; and
new text end

new text begin (2) the inspector.
new text end

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 titled "Radon in Rental Properties" and a radon disclosure to each prospective
tenant before executing a residential lease and any current tenants as of the effective date.
The disclosure must identify:
new text end

new text begin (1) the date of the most recent radon tests performed at the residential building;
new text end

new text begin (2) the test locations and the radon concentration results;
new text end

new text begin (3) a description of any mitigation or remediation measures taken at the residential
building; and
new text end

new text begin (4) the most recent records and reports pertaining to radon concentrations and mitigation
within the residential building or how the tenant can obtain these records.
new text end

new text begin Subd. 4. new text end

new text begin Mitigation. new text end

new text begin (a) A landlord must ensure mitigation is completed within 180
days of a radon test result that indicates an elevated radon concentration in a dwelling or
an occupiable location.
new text end

new text begin (b) Mitigation must be performed by a radon mitigation professional who is licensed
under section 144.4961.
new text end

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.
new text end

new text begin (b) The residential tenant may report alleged violations of this section to the inspector.
new text end

new text begin (c) If a landlord violates subdivision 2, 3, or 4, the residential tenant is entitled to damages
equal to $500 per violation and reasonable attorney fees, in addition to any other remedies
or penalties.
new text end

new text begin (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 $1,000 in addition to any other remedies
or penalties.
new text end

new text begin (e) The attorney general may seek the penalties and remedies available under section
8.31 against any person who violates this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2020, and applies to all
residential agreements in effect or entered into on or after that date.
new text end

Sec. 2. new text beginDEPARTMENT OF HEALTH PUBLICATION.
new text end

new text begin 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:
new text end

new text begin (1) the health effects of indoor radon;
new text end

new text begin (2) the action level of indoor radon; and
new text end

new text begin (3) a landlord's duties and a tenant's rights under Minnesota Statutes, section 504B.152.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective December 1, 2020.
new text end