Minnesota 2025 2025-2026 Regular Session

Minnesota Senate Bill SF2421 Introduced / Bill

Filed 03/10/2025

                    1.1	A bill for an act​
1.2 relating to landlord and tenant; requiring landlords to provide an alternative payment​
1.3 method to a digital platform; clarifying a prohibition on disclosure of victim​
1.4 information; limiting rate for billing tenants for apportioned utility service;​
1.5 amending Minnesota Statutes 2024, sections 504B.118; 504B.206, subdivision 2;​
1.6 504B.216, subdivision 5.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. Minnesota Statutes 2024, section 504B.118, is amended to read:​
1.9 504B.118 RECEIPT FOR RENT PAID IN CASH PAYMENT OF RENT; DIGITAL​
1.10PLATFORMS.​
1.11 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​
1.12the meanings given.​
1.13 (b) "Digital payment platform" means an electronic application or system that permits​
1.14a user to conduct financial transactions. Digital payment platform includes electronic funds​
1.15transfers.​
1.16 (c) "Electronic funds transfers" means a transfer of money, other than a transaction​
1.17originated by check, draft, or similar paper instrument, that is initiated through an electronic​
1.18terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or​
1.19authorizing a financial institution to debit or credit a consumer's account, including, but not​
1.20limited to, through the use of an automated clearing house system or alternative payment​
1.21system.​
1.22 Subd. 2.Receipt for rent.A landlord receiving rent or other payments from a tenant in​
1.23cash or money order must provide a written receipt for payment immediately upon receipt​
1​Section 1.​
25-04347 as introduced​02/27/25 REVISOR JSK/BM​
SENATE​
STATE OF MINNESOTA​
S.F. No. 2421​NINETY-FOURTH SESSION​
(SENATE AUTHORS: PORT)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​03/13/2025​
Referred to Judiciary and Public Safety​ 2.1if the payment is made in person, or within three business days if payment in cash is not​
2.2made in person.​
2.3 Subd. 3.Digital platforms.(a) If a landlord requires or permits a tenant to pay rent and​
2.4other charges via a digital platform, the landlord must offer a tenant an alternative to using​
2.5the digital platform if the payment capability is unavailable.​
2.6 (b) A tenant may request an alternative to using a digital platform if the tenant has a​
2.7physical, technological, or financial access barrier that prevents the tenant from using the​
2.8digital platform to pay rent and charges. Financial access barriers include the lack of a credit​
2.9or debit card or a bank account.​
2.10 (c) No fee may be charged to the tenant to use the digital platform or any alternative.​
2.11 (d) If the digital payment platform is known to be unavailable for use, the landlord must​
2.12restore access to the digital payment platform or offer an alternative means of payment as​
2.13soon as practicable.​
2.14 (e) A landlord is prohibited from taking any adverse action, including but not limited to​
2.15filing an eviction or assessing any late fees, when payment of rent or other charges is not​
2.16timely because the digital payment platform or the alternative payment method is unavailable​
2.17for use by the tenant. The tenant has an affirmative defense against an eviction action if the​
2.18landlord violates this section. Upon a showing that the landlord has violated this section,​
2.19the eviction action must be dismissed and the tenant is entitled to reasonable attorney fees​
2.20and any other equitable relief the court deems appropriate.​
2.21 EFFECTIVE DATE.This section is effective August 1, 2025.​
2.22 Sec. 2. Minnesota Statutes 2024, section 504B.206, subdivision 2, is amended to read:​
2.23 Subd. 2.Treatment of information.(a) A landlord must not disclose:​
2.24 (1) any information provided to the landlord by a tenant in the written notice required​
2.25under subdivision 1, paragraph (b);​
2.26 (2) any information contained in the qualifying document;​
2.27 (3) the address or location to which the tenant has relocated; or​
2.28 (4) the status of the tenant as a victim of violence.​
2.29 (b) The information referenced in paragraph (a) must not be entered into any shared​
2.30database or provided to any person or entity but may be used when required as evidence in​
2​Sec. 2.​
25-04347 as introduced​02/27/25 REVISOR JSK/BM​ 3.1an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims​
3.2under section 504B.178, with the consent of the tenant, or as otherwise required by law.​
3.3 (c) The requirements of this subdivision to treat the information enumerated in paragraph​
3.4(a) are paramount and supersede any other document or form signed by the tenant, including​
3.5but not limited to any release of information form.​
3.6 (c) (d) A landlord who violates this section is liable to the tenant for statutory damages​
3.7of $2,000, plus reasonable attorney fees and costs.​
3.8 EFFECTIVE DATE.This section is effective the day following final enactment.​
3.9 Sec. 3. Minnesota Statutes 2024, section 504B.216, subdivision 5, is amended to read:​
3.10 Subd. 5.Apportionment generally.(a) Apportionment of electricity is prohibited.​
3.11 (b) Landlords must not bill tenants for apportioned utility service under this section less​
3.12frequently than the landlord is billed by the utility and at a rate that exceeds the rate charged​
3.13to the landlord by the utility provider.​
3.14 (c) A landlord who apportions utility service must, upon a tenant's request, provide:​
3.15 (1) a copy of the current actual natural gas or water and sewer utility bill from the utility​
3.16provider that is being apportioned; and​
3.17 (2) a copy of past natural gas or water and sewer utility bills for which the tenant received​
3.18an apportioned utility bill for the preceding two years or from the time the current landlord​
3.19acquired the building, whichever is the most recent.​
3.20 (d) A landlord must include in the lease or in a separate written notice a list of the tenant's​
3.21rights under paragraph (c).​
3.22 (e) A landlord who apportions utility service must comply with section 216B.023,​
3.23subdivisions 5, 7, and 8. A landlord who apportions natural gas is also subject to section​
3.24216B.024.​
3.25 EFFECTIVE DATE.This section is effective the day following final enactment.​
3​Sec. 3.​
25-04347 as introduced​02/27/25 REVISOR JSK/BM​