1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/02/2024 12:46pm
A bill for an act
relating to housing; permitting tenants to terminate a lease based on elevated radon
concentration; proposing coding for new law in Minnesota Statutes, chapter 504B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Elevated radon concentration" has the meaning given in section 144.496, subdivision
2.
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(c) "Licensed radon professional" means a person licensed under section 144.4961.
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(d) "Mitigation" has the meaning given in section 144.496, subdivision 2.
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(e) "Radon test" means a measurement of indoor radon concentrations according to
established industry standards for a residential building.
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A tenant has the right to terminate a lease if:
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(1) the tenant performs a radon test at the tenant's expense in the dwelling unit and the
test result indicates an elevated radon concentration;
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(2) the tenant provides the landlord with copies of the radon test results within ten days
of performing the radon test;
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(3) the landlord does not perform mitigation within 90 days of receiving the radon test
results from the tenant; and
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(4) the landlord does not hire a licensed radon professional to perform an additional test
within 90 days of receiving the radon test results or the landlord hires a licensed radon
professional to perform a radon test within 90 days of receiving the radon test results and
the additional test indicates an elevated radon concentration.
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This section does not:
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(1) prevent a tenant or landlord from conducting a radon test at any time;
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(2) impose an obligation on a landlord or tenant to conduct any radon testing or perform
any radon mitigation; or
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(3) limit or waive any rights, remedies, or obligations under other applicable state or
federal law.
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This section is effective August 1, 2024, and applies to leases
entered into on or after that date.
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