| 2 | 2 | | Sixty-ninth |
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| 3 | 3 | | Legislative Assembly |
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| 4 | 4 | | of North Dakota |
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| 5 | 5 | | Introduced by |
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| 6 | 6 | | Representatives Foss, Schneider, Hendrix, Hanson |
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| 7 | 7 | | Senators Braunberger, Boschee, Barta, Cory |
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| 8 | 8 | | A BILL for an Act to amend and reenact section 47-16-13.1 of the North Dakota Century Code, |
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| 9 | 9 | | relating to landlord obligations owed to a tenant. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: |
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| 11 | 11 | | SECTION 1. AMENDMENT. Section 47-16-13.1 of the North Dakota Century Code is |
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| 12 | 12 | | amended and reenacted as follows: |
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| 13 | 13 | | 47-16-13.1. Landlord obligations - Maintenance of premises. |
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| 14 | 14 | | 1.A landlord of a residential dwelling unit shall: |
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| 15 | 15 | | a.Comply with the requirements of applicable building and housing codes |
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| 16 | 16 | | materially affecting health and safety. |
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| 17 | 17 | | b.Make all repairs and do whatever is necessary to put and keep the premises in a |
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| 18 | 18 | | fit and habitable condition. |
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| 19 | 19 | | c.Keep all common areas of the premises in a clean and safe condition. |
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| 20 | 20 | | d.Maintain in good and safe working order and condition all electrical, plumbing, |
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| 21 | 21 | | sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, |
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| 22 | 22 | | including elevators, supplied or required to be supplied by the landlord. |
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| 23 | 23 | | e.Provide and maintain appropriate receptacles and conveniences for the removal |
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| 24 | 24 | | of ashes, garbage, rubbish, and other waste incidental to the occupancy of the |
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| 25 | 25 | | dwelling unit and arrange for their removal. |
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| 26 | 26 | | f.Supply running water and reasonable amounts of hot water at all times and |
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| 27 | 27 | | reasonable heat, except if the building that includes the dwelling unit is not |
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| 28 | 28 | | required by law to be equipped for that purpose or if the dwelling unit is so |
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| 29 | 29 | | constructed that heat or hot water is generated by an installation within the |
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| 58 | 60 | | 2.In case of noncompliance with the requirements of subdivisions b through f of |
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| 59 | 61 | | subsection 1, a reasonable time shall be allowed to remedy such noncompliance. |
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| 60 | 62 | | 3.If the duty imposed by subdivision a of subsection 1 is greater than any duty imposed |
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| 61 | 63 | | by any other subdivision of that subsection, the landlord's duty shall be determined by |
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| 62 | 64 | | reference to subdivision a of subsection 1. |
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| 63 | 65 | | 4.The landlord and tenant of a single-family residence may agree in writing that the |
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| 64 | 66 | | tenant perform the landlord's duties specified in subdivisions e and f of subsection 1 |
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| 65 | 67 | | and also specified repairs, maintenance tasks, alterations, and remodeling, but only if |
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| 66 | 68 | | the transaction is entered into in good faith. |
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| 67 | 69 | | 5.The landlord and tenant of any dwelling unit other than a single-family residence may |
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| 68 | 70 | | agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or |
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| 69 | 71 | | remodeling only if: |
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| 70 | 72 | | a.The agreement of the parties is entered into in good faith and is set forth in a |
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| 71 | 73 | | separate writing signed by the parties and supported by adequate consideration. |
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| 72 | 74 | | b.The work is not necessary to cure noncompliance with subdivision e of |
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| 73 | 75 | | subsection 1. |
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| 74 | 76 | | c.The agreement does not diminish or affect the obligation of the landlord to other |
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| 75 | 77 | | tenants in the premises. |
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| 76 | 78 | | 6.The landlord may not treat performance of the separate agreement described in |
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| 77 | 79 | | subsection 4 as a condition to any obligation or performance of any rental agreement. |
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| 78 | | - | 7.As used in this section "reasonable heat" means between October first and April |
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| 79 | | - | thirtieth, a temperature not less than sixty - eight degrees Fahrenheit [20 degrees |
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| 80 | | - | Celsius] . |
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| 81 | | - | Page No. 2 25.1198.02000 |
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| 80 | + | 7.As used in this section "reasonable heat" means: |
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| 81 | + | a.Between October first and April thirtieth, a temperature not less than sixty - eight |
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| 82 | + | degrees Fahrenheit [20 degrees Celsius]; and |
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| 83 | + | b.Between May first and September thirtieth, a temperature appropriate for |
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| 84 | + | seasonal conditions of the region in which the property is located. |
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| 85 | + | Page No. 2 25.1198.01000 |
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