| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to landlord and tenant; requiring landlords to provide an alternative payment |
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| 3 | 3 | | 1.3 method to a digital platform; clarifying a prohibition on disclosure of victim |
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| 4 | 4 | | 1.4 information; limiting rate for billing tenants for apportioned utility service; |
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| 5 | 5 | | 1.5 amending Minnesota Statutes 2024, sections 504B.118; 504B.206, subdivision 2; |
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| 6 | 6 | | 1.6 504B.216, subdivision 5. |
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| 7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 8 | 8 | | 1.8 Section 1. Minnesota Statutes 2024, section 504B.118, is amended to read: |
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| 9 | 9 | | 1.9 504B.118 RECEIPT FOR RENT PAID IN CASH PAYMENT OF RENT; DIGITAL |
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| 10 | 10 | | 1.10PLATFORMS. |
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| 11 | 11 | | 1.11 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
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| 12 | 12 | | 1.12the meanings given. |
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| 13 | 13 | | 1.13 (b) "Digital payment platform" means an electronic application or system that permits |
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| 14 | 14 | | 1.14a user to conduct financial transactions. Digital payment platform includes electronic funds |
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| 15 | 15 | | 1.15transfers. |
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| 16 | 16 | | 1.16 (c) "Electronic funds transfers" means a transfer of money, other than a transaction |
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| 17 | 17 | | 1.17originated by check, draft, or similar paper instrument, that is initiated through an electronic |
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| 18 | 18 | | 1.18terminal, telephone, computer, or magnetic tape for the purpose of ordering, instructing, or |
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| 19 | 19 | | 1.19authorizing a financial institution to debit or credit a consumer's account, including, but not |
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| 20 | 20 | | 1.20limited to, through the use of an automated clearing house system or alternative payment |
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| 21 | 21 | | 1.21system. |
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| 22 | 22 | | 1.22 Subd. 2.Receipt for rent.A landlord receiving rent or other payments from a tenant in |
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| 23 | 23 | | 1.23cash or money order must provide a written receipt for payment immediately upon receipt |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | 25-04347 as introduced02/27/25 REVISOR JSK/BM |
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| 26 | 26 | | SENATE |
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| 27 | 27 | | STATE OF MINNESOTA |
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| 28 | 28 | | S.F. No. 2421NINETY-FOURTH SESSION |
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| 29 | 29 | | (SENATE AUTHORS: PORT) |
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| 30 | 30 | | OFFICIAL STATUSD-PGDATE |
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| 31 | 31 | | Introduction and first reading03/13/2025 |
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| 32 | 32 | | 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 |
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| 33 | 33 | | 2.2made in person. |
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| 34 | 34 | | 2.3 Subd. 3.Digital platforms.(a) If a landlord requires or permits a tenant to pay rent and |
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| 35 | 35 | | 2.4other charges via a digital platform, the landlord must offer a tenant an alternative to using |
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| 36 | 36 | | 2.5the digital platform if the payment capability is unavailable. |
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| 37 | 37 | | 2.6 (b) A tenant may request an alternative to using a digital platform if the tenant has a |
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| 38 | 38 | | 2.7physical, technological, or financial access barrier that prevents the tenant from using the |
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| 39 | 39 | | 2.8digital platform to pay rent and charges. Financial access barriers include the lack of a credit |
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| 40 | 40 | | 2.9or debit card or a bank account. |
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| 41 | 41 | | 2.10 (c) No fee may be charged to the tenant to use the digital platform or any alternative. |
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| 42 | 42 | | 2.11 (d) If the digital payment platform is known to be unavailable for use, the landlord must |
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| 43 | 43 | | 2.12restore access to the digital payment platform or offer an alternative means of payment as |
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| 44 | 44 | | 2.13soon as practicable. |
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| 45 | 45 | | 2.14 (e) A landlord is prohibited from taking any adverse action, including but not limited to |
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| 46 | 46 | | 2.15filing an eviction or assessing any late fees, when payment of rent or other charges is not |
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| 47 | 47 | | 2.16timely because the digital payment platform or the alternative payment method is unavailable |
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| 48 | 48 | | 2.17for use by the tenant. The tenant has an affirmative defense against an eviction action if the |
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| 49 | 49 | | 2.18landlord violates this section. Upon a showing that the landlord has violated this section, |
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| 50 | 50 | | 2.19the eviction action must be dismissed and the tenant is entitled to reasonable attorney fees |
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| 51 | 51 | | 2.20and any other equitable relief the court deems appropriate. |
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| 52 | 52 | | 2.21 EFFECTIVE DATE.This section is effective August 1, 2025. |
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| 53 | 53 | | 2.22 Sec. 2. Minnesota Statutes 2024, section 504B.206, subdivision 2, is amended to read: |
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| 54 | 54 | | 2.23 Subd. 2.Treatment of information.(a) A landlord must not disclose: |
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| 55 | 55 | | 2.24 (1) any information provided to the landlord by a tenant in the written notice required |
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| 56 | 56 | | 2.25under subdivision 1, paragraph (b); |
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| 57 | 57 | | 2.26 (2) any information contained in the qualifying document; |
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| 58 | 58 | | 2.27 (3) the address or location to which the tenant has relocated; or |
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| 59 | 59 | | 2.28 (4) the status of the tenant as a victim of violence. |
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| 60 | 60 | | 2.29 (b) The information referenced in paragraph (a) must not be entered into any shared |
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| 61 | 61 | | 2.30database or provided to any person or entity but may be used when required as evidence in |
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| 62 | 62 | | 2Sec. 2. |
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| 63 | 63 | | 25-04347 as introduced02/27/25 REVISOR JSK/BM 3.1an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims |
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| 64 | 64 | | 3.2under section 504B.178, with the consent of the tenant, or as otherwise required by law. |
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| 65 | 65 | | 3.3 (c) The requirements of this subdivision to treat the information enumerated in paragraph |
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| 66 | 66 | | 3.4(a) are paramount and supersede any other document or form signed by the tenant, including |
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| 67 | 67 | | 3.5but not limited to any release of information form. |
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| 68 | 68 | | 3.6 (c) (d) A landlord who violates this section is liable to the tenant for statutory damages |
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| 69 | 69 | | 3.7of $2,000, plus reasonable attorney fees and costs. |
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| 70 | 70 | | 3.8 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 71 | 71 | | 3.9 Sec. 3. Minnesota Statutes 2024, section 504B.216, subdivision 5, is amended to read: |
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| 72 | 72 | | 3.10 Subd. 5.Apportionment generally.(a) Apportionment of electricity is prohibited. |
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| 73 | 73 | | 3.11 (b) Landlords must not bill tenants for apportioned utility service under this section less |
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| 74 | 74 | | 3.12frequently than the landlord is billed by the utility and at a rate that exceeds the rate charged |
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| 75 | 75 | | 3.13to the landlord by the utility provider. |
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| 76 | 76 | | 3.14 (c) A landlord who apportions utility service must, upon a tenant's request, provide: |
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| 77 | 77 | | 3.15 (1) a copy of the current actual natural gas or water and sewer utility bill from the utility |
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| 78 | 78 | | 3.16provider that is being apportioned; and |
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| 79 | 79 | | 3.17 (2) a copy of past natural gas or water and sewer utility bills for which the tenant received |
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| 80 | 80 | | 3.18an apportioned utility bill for the preceding two years or from the time the current landlord |
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| 81 | 81 | | 3.19acquired the building, whichever is the most recent. |
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| 82 | 82 | | 3.20 (d) A landlord must include in the lease or in a separate written notice a list of the tenant's |
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| 83 | 83 | | 3.21rights under paragraph (c). |
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| 84 | 84 | | 3.22 (e) A landlord who apportions utility service must comply with section 216B.023, |
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| 85 | 85 | | 3.23subdivisions 5, 7, and 8. A landlord who apportions natural gas is also subject to section |
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| 86 | 86 | | 3.24216B.024. |
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| 87 | 87 | | 3.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 88 | 88 | | 3Sec. 3. |
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| 89 | 89 | | 25-04347 as introduced02/27/25 REVISOR JSK/BM |
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