As a winter forecast to be colder and snowier than average fast approaches, tenants can rest easy knowing their right to a livable and comfortable environment is protected.
A law protecting tenants, Minnesota Statute 504b.161, dates to 1999, but it got a boost when Gov. Tim Walz signed into law a supplemental measure dealing specifically with heating at rental properties. It took effect on Oct. 1.
This statute originally required that landlords keep rental properties safe, well-maintained, and energy-efficient—and reinforced tenants’ rights by prohibiting waivers or modifications that allowed landlords to shirk or shift responsibility of those requirements onto tenants.
This year’s supplemental act requires that landlords “supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit” between Oct. 1 and April 30 for all units in which landlords control the heat. Passage of the law came amid growing appeals from residents in need of help maintaining safe indoor wintertime temperatures.
Minnesota residential utility customers have some protections. The Cold Weather Rule states that utility customers have to make and keep a payment plan in order to have service reconnected or in order to prevent service disconnection. The law directs that the payment plan has to be reasonable for the household’s financial circumstances. For households that qualify for energy assistance, the investor-owned utility can’t charge more than 10% of income during those months. That doesn’t apply to municipal utilities and electric cooperatives.
Samuel Spaid, staff attorney and research director at HOME Line, was at the forefront of discussions over the new rule. “This was a change to the law that HOME Line really championed at the state legislature,” he said, “because we receive hundreds of calls each year about the lack of heat or inadequate heating, which can have serious health consequences—especially for children and seniors.
“The new rule sets a clear standard, giving tenants the ability to enforce their right to adequate heating by taking their landlord to court if necessary.”
Before the statewide standard went into effect, wintertime heat protections varied—with some cities and towns not offering tenant protections against predatory or otherwise nonresponsive landlords. Abbie Hanson, housing justice litigator with the Housing Justice Center, often aided families affected by such a lack of protections.
“People’s homes, which they pay substantial rent for in exchange for a functional living environment, would have inadequate, or even non-functioning, heat,” Hanson said. “This resulted in situations varying from children having to wear three pairs of socks because it was uncomfortably cold, to dangerous scenarios wherein furnaces went out in mid-January and families were forced to resort to utilizing their ovens as a source of heat.”
This is especially hard on low- and moderate-income individuals and families, who struggle even more when forced to pay additional money toward other utilities to maintain a safe living environment once temperatures drop.
Advocates like Hanson and Spaid note the obvious benefit to tenants, but landlords—particularly those with properties in different locales—also are aided by the new law. Previously subjected to a patchwork of ordinances, landlords now are responsible for meeting standards outlined in a single, statewide law.
With the law now fully in effect, Hanson encourages residents without appropriate heat to speak up now. “Always begin with attempting to have a conversation with the landlord,” he said. If that fails, however, help is available.”
Where to find help
If you are a renter with a landlord in violation of these new standards, there’s help.
A Rent Escrow Action (REA) is a legal process that allows tenants to request court intervention to compel landlords to make necessary repairs or uphold lease terms. It requires tenants to provide written notice of needed repairs to their landlord 15 days before filing. An REA can lead to reduced rent or mandated repairs, all while protecting tenants from eviction for asserting their rights. Visit www.MNCourts.gov/SelfHelp or call the Statewide Self-Help Center at 651-435-6535.
An Emergency Tenant Remedies Action (ETRA) is similar but, as the name indicates, is for emergency situations. If a resident’s home is dangerously cold, it is recommended that they give their landlord 24 hours’ notice before filing an ETRA. That will put them on the fast track for receiving a hearing before a judge. There is a filing fee, but tenants can apply for a fee waiver if needed.
Follow these steps to fill out an ETRA:
- Go to lawhelpmn.org and fill out the form. You can also get a form from the court.
- You must try to tell the landlord 24 hours before you file. Make sure you document all the ways you try to tell your landlord (like texts, calls, emails or in person).
- If you can’t reach the landlord, leave a message giving 24-hour notice.
- In your 24-hour notice, tell your landlord what your housing emergency is and that you need it fixed within 24 hours or you will file an ETRA. You have to tell your landlord that you will file in court to ask for emergency relief if they do not fix the problem.
- If the landlord does not fix the emergency within 24 hours of your notice, you can file the ETRA.
- If you try to reach your landlord to give the 24-hour notice but can’t do so, go ahead and file.
If you have a low income, you can fill out a court fee waiver form to ask the court to let let you skip the filing fee. The court has these forms, or you can create one online using a step-by-step interview at www.lawhelpmn.org/forms.
You’ll need to provide proof of your low income, like pay stubs or proof of government assistance.
With an ETRA, you can get a court hearing fast, usually within three to seven business days. The court is likely to order the landlord to do the repairs, to make sure the repairs get done, and to set a later court date to deal with rent and money damages.
In cases where leaseholders don’t feel comfortable pursuing legal action alone, Hanson and Spaid urge those tenants to reach out to legal aid offices, such as the Home LINE team, for assistance or representation.
Another resource available to Minnesotans is the Energy Assistance Program. This is a state-provided service that aids individuals and families in paying their energy bills. Eligibility is based on a household’s total income. Individuals making $35,800 or less and families of four earning $68,845 or less qualify.
If approved, payments for energy bills are sent directly to the household’s energy company. Initial benefits average $550 per household and can be up to $1,400, depending on household income and fuel costs.
Application forms are available in English, Hmong, Spanish, Somali and Vietnamese.
Alexzia Shobe welcomes reader responses to ashobe@spokesman-recorder.com.