Reposted from http://homelinemn.org/blog
A number of Minnesota cities had heat codes go into effect October 1st to ensure tenants live in warm apartments.
UPDATE 10/7/2010: HOME Line is in the process of confirming the exact language for heat codes in several cities. We hope to complete this research soon. If you reside in one of these cities, we suggest you call city hall to inquire. Cities we are currently researching include: Edina, Brooklyn Center, Monticello, Bloomington, Duluth, Andover, Crookston, Hibbing, Hugo, and Two Harbors.
If you have a question about the requirements for heat in your city and/or what rights you have to enforce a city code or a state law, call our tenant hotline:
(612) 728-5767 … or call us toll-free from Greater MN at: (866) 866-3546
The information here is merely a basic paraphrase. It is meant to be used as a reference, not as legal advice or a substitute for the full and complete statute. Before taking action, we recommend that you call your local city hall to confirm that the heat code information here is accurate and to inquire about what method of enforcement the city and/or you as a renter can take to ensure your rights are not violated.
If you are a tenant in Minnesota (outside of Minneapolis; Minneapolis renters call 612-673-3003) and you are interested in your renter rights, you can reach our Tenant Advocates for legal advice at:
(612) 728-5767 … or call us toll-free from Greater MN at: (866) 866-3546
Does your landlord have to keep your apartment warm?
State Law
There is no Minnesota law requiring a landlord to maintain a specific temperature for their tenants. However, some state laws offer tenants a few options. Minnesota Statute § 504B.161 requires that every landlord of residential premises, whether the lease is in writing or oral, do the following:
- keep the premises and all common areas fit for the use intended by the parties;
- keep the premises in reasonable repair during the term of the lease or license;
- maintain the premises in compliance with the applicable health and safety laws of the state.
Additionally, Minnesota Statute § 504B.381 allows a tenant to file an ETRA (Emergency Tenant Remedies Action) with the courts for the loss of running water, hot water, heat, electricity, sanitary facilities, or other essential services or facilities that the landlord is responsible for providing.
Local Ordinances
For tenants in some cities, local ordinances provide additional protections. In late 2009, HOME Line researched what local governments for cities with a population over 5000 did with respect to heat of residential buildings. Information was either looked up online or city officials were contacted directly.
Definitions are important. In the list below, the section “Type of Heating Code Language” includes a general term categorizing the type of language a city has adopted. The three options are Building, Heating, or None:
- Some cities have ordinances called heating codes, which means that there is a city ordinance requiring the landlord to maintain a certain temperature. (Heating)
- Some cities have ordinances called building codes, which means there is a city ordinance requiring the landlord to have working facilities capable of maintaining a certain temperature but may not require the landlord to actually maintain that temperature. (Building)
- Some cities have no ordinance whatsoever with respect to heat. (None)
A city may have both a heating code and a building code. However, a heating code provides tenants with greater rights than a building code.
Please check out this blog post for a list of cities affected by the new ordinance: http://homelinemn.org/blog/heat-codes-3/
Shared by Nancy Yang