Bill Text: MN HF2879 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Residential tenant's right to notice established, penalties provided, and money appropriated.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2014-03-10 - Introduction and first reading, referred to Housing Finance and Policy [HF2879 Detail]
Download: Minnesota-2013-HF2879-Introduced.html
1.2relating to housing; landlord and tenant; establishing a residential tenant's right
1.3to notice; providing penalties; appropriating money;proposing coding for new
1.4law in Minnesota Statutes, chapter 504B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [504B.212] RESIDENTIAL TENANT'S RIGHT TO NOTICE;
1.7INFESTATION AND CHEMICAL TREATMENT HISTORY.
1.8 Subdivision 1. Notice of infestation history. A landlord shall furnish to each rental
1.9applicant a written notice that identifies any infestation of the residential rental property
1.10that has occurred in the previous 12 months. The notice shall include infestations from
1.11bedbugs, rodents, fleas, or cockroaches and shall identify any infestation of the premises
1.12to be rented by the tenant, the units adjacent to those premises, or the building in which
1.13the rental unit is located. The notice shall also contain:
1.14(1) a listing of any unabated extermination orders issued by a housing code
1.15enforcement agency for any part of the structure that the rental unit is located in;
1.16(2) the date and nature of the infestation; and
1.17(3) the extent of the abatement treatment in the previous 12 months by the tenant,
1.18landlord, agent of the landlord, or contractor.
1.19The exception to disclosures in section 504B.195, subdivision 3, shall not apply to
1.20the notice required in this section.
1.21 Subd. 2. Notice of chemical treatment. Five days prior to the use of any chemical
1.22treatment in a residential tenancy or building containing residential tenants, the landlord
1.23shall provide a written notice to every tenant containing:
2.1(1) a copy of each treatment's label that has been approved by the federal
2.2Environmental Protection Agency, if any;
2.3(2) the name of the chemical treatment;
2.4(3) the intended purpose of the treatment;
2.5(4) the potential impact of the treatment on humans and pets;
2.6(5) a description of where and how the treatment will be applied;
2.7(6) an explanation of any limitations or restrictions the Environmental Protection
2.8Agency has indicated for the chemical treatment;
2.9(7) a signed acknowledgement for the individual applying the chemical treatment
2.10confirming their knowledge of the Environmental Protection Agency's directions for safe
2.11application of the chemical treatment; and
2.12(8) contact information for the state pesticide information Web site and the
2.13University of Minnesota Bedbug Hotline telephone number.
2.14The notice of chemical treatment required by this subdivision does not include the
2.15use of heat or other nontoxic approaches to pest control. For the purposes of this section,
2.16a label provided with the notice required by this section must be the Environmental
2.17Protection Agency approved label under section 3 of the federal Insecticide, Fungicide,
2.18and Rodenticide Act.
2.19 Subd. 3. Penalty. If the landlord fails to comply with any notice requirements in
2.20this section, the tenant may bring a civil cause of action to recover damages, together with
2.21costs and disbursements, including investigation and reasonable attorney fees, and other
2.22equitable and injunctive relief as determined by the court. If a landlord has violated the
2.23notice requirements of this section, the tenant is entitled to up to a $100 civil penalty
2.24for each violation.
2.25 Subd. 4. Affirmative defense. It is an affirmative defense in an action brought
2.26under this section for the landlord, agent, or person acting under the landlord's control
2.27to prove that the notice required under this section was made as required by either
2.28subdivision 1 or subdivision 2.
2.29 Subd. 5. Remedies. The remedies provided in this section are in addition to and
2.30shall not limit any other rights and remedies available to landlords and tenants. Any
2.31provision, whether oral or written, of any lease or other agreement that waives the rights
2.32granted by this section is contrary to public policy and void.
2.33 Sec. 2. APPROPRIATION; HEATING UNITS.
3.1$....... is appropriated in fiscal year 2016 from the general fund to the commissioner
3.2of health to administer a competitive grant program to allow nonprofit organizations to
3.3purchase heat units to stop and control the spread of bedbugs.
1.3to notice; providing penalties; appropriating money;proposing coding for new
1.4law in Minnesota Statutes, chapter 504B.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [504B.212] RESIDENTIAL TENANT'S RIGHT TO NOTICE;
1.7INFESTATION AND CHEMICAL TREATMENT HISTORY.
1.8 Subdivision 1. Notice of infestation history. A landlord shall furnish to each rental
1.9applicant a written notice that identifies any infestation of the residential rental property
1.10that has occurred in the previous 12 months. The notice shall include infestations from
1.11bedbugs, rodents, fleas, or cockroaches and shall identify any infestation of the premises
1.12to be rented by the tenant, the units adjacent to those premises, or the building in which
1.13the rental unit is located. The notice shall also contain:
1.14(1) a listing of any unabated extermination orders issued by a housing code
1.15enforcement agency for any part of the structure that the rental unit is located in;
1.16(2) the date and nature of the infestation; and
1.17(3) the extent of the abatement treatment in the previous 12 months by the tenant,
1.18landlord, agent of the landlord, or contractor.
1.19The exception to disclosures in section 504B.195, subdivision 3, shall not apply to
1.20the notice required in this section.
1.21 Subd. 2. Notice of chemical treatment. Five days prior to the use of any chemical
1.22treatment in a residential tenancy or building containing residential tenants, the landlord
1.23shall provide a written notice to every tenant containing:
2.1(1) a copy of each treatment's label that has been approved by the federal
2.2Environmental Protection Agency, if any;
2.3(2) the name of the chemical treatment;
2.4(3) the intended purpose of the treatment;
2.5(4) the potential impact of the treatment on humans and pets;
2.6(5) a description of where and how the treatment will be applied;
2.7(6) an explanation of any limitations or restrictions the Environmental Protection
2.8Agency has indicated for the chemical treatment;
2.9(7) a signed acknowledgement for the individual applying the chemical treatment
2.10confirming their knowledge of the Environmental Protection Agency's directions for safe
2.11application of the chemical treatment; and
2.12(8) contact information for the state pesticide information Web site and the
2.13University of Minnesota Bedbug Hotline telephone number.
2.14The notice of chemical treatment required by this subdivision does not include the
2.15use of heat or other nontoxic approaches to pest control. For the purposes of this section,
2.16a label provided with the notice required by this section must be the Environmental
2.17Protection Agency approved label under section 3 of the federal Insecticide, Fungicide,
2.18and Rodenticide Act.
2.19 Subd. 3. Penalty. If the landlord fails to comply with any notice requirements in
2.20this section, the tenant may bring a civil cause of action to recover damages, together with
2.21costs and disbursements, including investigation and reasonable attorney fees, and other
2.22equitable and injunctive relief as determined by the court. If a landlord has violated the
2.23notice requirements of this section, the tenant is entitled to up to a $100 civil penalty
2.24for each violation.
2.25 Subd. 4. Affirmative defense. It is an affirmative defense in an action brought
2.26under this section for the landlord, agent, or person acting under the landlord's control
2.27to prove that the notice required under this section was made as required by either
2.28subdivision 1 or subdivision 2.
2.29 Subd. 5. Remedies. The remedies provided in this section are in addition to and
2.30shall not limit any other rights and remedies available to landlords and tenants. Any
2.31provision, whether oral or written, of any lease or other agreement that waives the rights
2.32granted by this section is contrary to public policy and void.
2.33 Sec. 2. APPROPRIATION; HEATING UNITS.
3.1$....... is appropriated in fiscal year 2016 from the general fund to the commissioner
3.2of health to administer a competitive grant program to allow nonprofit organizations to
3.3purchase heat units to stop and control the spread of bedbugs.
