2000 Minnesota Statutes

     504B.215 Emergency conditions; loss of essential 
  services. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, "single-metered residential building" means a multiunit 
 rental building with one or more separate residential living 
 units where the utility service measured through a single meter 
 provides service to an individual unit and to all or parts of 
 common areas or other units. 

    Subd. 2.    Single-meter utility service payments.  In a 
 residential leasehold contract entered into or renewed on or 
 after August 1, 1995, the landlord of a single-metered 
 residential building shall be the bill payer responsible, and 
 shall be the customer of record contracting with the utility for 
 utility services.  The landlord must advise the utility provider 
 that the utility services apply to a single-metered residential 
 building.  A failure by the landlord to comply with this 
 subdivision is a violation of sections 504B.161, subdivision 1, 
 clause (1), and 504B.221.  This subdivision may not be waived by 
 contract or otherwise.  This subdivision does not require a 
 landlord to contract and pay for utility service provided to 
 each residential unit through a separate meter which accurately 
 measures that unit's use only.  This subdivision does not 
 prohibit a landlord from apportioning utility service payments 
 among residential units and either including utility costs in a 
 unit's rent or billing for utility charges separate from rent. 

    Subd. 2a.    Conditions of separate utility billing to 
 tenant in single-meter buildings.  If the landlord of a 
 single-metered residential building bills for utility charges 
 separate from the rent, the following conditions apply: 

    (1) prospective tenants must be provided notice of the 
 total utility cost for the building for each month of the most 
 recent calendar year; and 

    (2) an equitable method of apportionment and the frequency 
 of billing by the landlord must be predetermined and put in 
 writing for all leases. 

    The lease must contain a provision that, upon a tenant's 
 request, a landlord must provide a copy of the actual utility 
 bill for the building along with each apportioned utility bill.  
 Upon a tenant's request, a landlord must also provide past 
 copies of actual utility bills for any period of the tenancy for 
 which the tenant received an apportioned utility bill.  Past 
 copies of utility bills must be provided for the preceding two 
 years or from the time the current landlord acquired the 
 building, whichever is most recent. 

    The landlord of a single-metered residential building who 
 bills separately for utilities may, if the landlord and tenant 
 agree, provide tenants with a lease term of one year or more the 
 option to pay those bills under an annualized budget plan 
 providing for level monthly payments based on a good-faith 
 estimate of the annual bill. 

    By September 30 of each year, a landlord of a 
 single-metered residential building who bills for gas and 
 electric utility charges separate from rent shall inform tenants 
 in writing of the possible availability of energy assistance 
 from the low income home energy assistance program.  The 
 information must contain the toll-free telephone number of the 
 administering agency. 

    Subd. 3.    Procedure.  (a) When a municipality, utility 
 company, or other company supplying home heating oil, propane, 
 natural gas, electricity, or water to a building has issued a 
 final notice or has posted the building proposing to disconnect 
 or discontinue the service to the building because a landlord 
 who has contracted for the service has failed to pay for it or 
 because a landlord is required by law or contract to pay for the 
 service and fails to do so, a tenant or group of tenants may pay 
 to have the service continued or reconnected as provided under 
 this section.  Before paying for the service, the tenant or 
 group of tenants shall give oral or written notice to the 
 landlord of the tenant's intention to pay after 48 hours, or a 
 shorter period that is reasonable under the circumstances, if 
 the landlord has not already paid for the service.  In the case 
 of oral notification, written notice shall be mailed or 
 delivered to the landlord within 24 hours after oral notice is 
 given. 

    (b) In the case of natural gas, electricity, or water, if 
 the landlord has not yet paid the bill by the time of the 
 tenant's intended payment, or if the service remains 
 discontinued, the tenant or tenants may pay the outstanding bill 
 for the most recent billing period, if the utility company or 
 municipality will restore the service for at least one billing 
 period. 

    (c) In the case of home heating oil or propane, if the 
 landlord has not yet paid the bill by the time of the tenant's 
 intended payment, or if the service remains discontinued, the 
 tenant or tenants may order and pay for one month's supply of 
 the proper grade and quality of oil or propane. 

    (d) After submitting receipts for the payment to the 
 landlord, a tenant may deduct the amount of the tenant's payment 
 from the rental payment next paid to the landlord.  Any amount 
 paid to the municipality, utility company, or other company by a 
 tenant under this subdivision is considered payment of rent to 
 the landlord for purposes of section 504B.291. 

    Subd. 4.    Limitations; waiver prohibited; rights as 
 additional.  The tenant rights under this section: 

    (1) do not extend to conditions caused by the willful, 
 malicious, or negligent conduct of the tenant or of a person 
 under the tenant's direction or control; 

    (2) may not be waived or modified; and 

    (3) are in addition to and do not limit other rights which 
 may be available to the tenant in law or equity, including the 
 right to damages and the right to restoration of possession of 
 the premises under section 504B.291. 

    HIST: 1999 c 199 art 1 s 24; 2000 c 268 s 1,2