Don’t let them turn off your utilities

By Ed Felien

If you are a tenant in a duplex, triplex, fourplex or apartment building, and the landlord hasn’t paid the utilities, and the gas, electric and water are about to be shut off, here are your rights under the Minneapolis City Ordinances.  The gas, electric and water utilities have to notify tenants in a building 60 days in advance.  They must give you the option of paying off one-third of the past due amount and 100 percent of the current bill and deduct that amount from your rent.  You do that and they can’t turn you off.

Here are the City Ordinances:
244.590. Discontinuance of required services. Utility companies supplying service through a single meter to equipment or facilities that are required by the housing maintenance code shall post, on or near the front and rear entrances of a multiple dwelling or duplex containing such equipment or facilities, a notice of delinquency in payment of utility bills after the utility bills are sixty (60) days in arrears, or a notice of intent to discontinue such service for failure to pay utility bills not less than fifteen (15) calendar days prior to the actual discontinuance of the service. Said notice shall inform tenants of their right to make rent payments directly to the utility company.

244.591. After a utility company has posted either notice described above, the tenants in the building may pay any rents owing to the owner or operator of the building directly to the utility company. The utility company shall make available to any requesting tenant or tenant’s representative the utility account of the multiple dwelling or duplex housing which has been posted pursuant to this article. Any such payment shall be considered a reduction of rent owed by the tenant and a reduction of the utility bill owed by the owner or operator of the building.

A utility company shall not discontinue service if it has received payments from the tenants sufficient to:

(1) Cover one hundred (100) per cent of the current bill and one-third (1/3) of the past-due bill within thirty (30) days after posting the original notice.
(2) Cover one hundred (100) per cent of the current bill and two-thirds (2/3) of the past-due bill within sixty (60) days after posting the original notice.
(3) Cover one hundred (100) per cent of the current bill and one hundred (100) per cent of the past-due bill within ninety (90) days after posting the original notice.

What would be the best way to insure that Xcel comply with the lawful ordinances of the City of Minneapolis?  Would you consider contacting their legal department?  Would you consider authoring a resolution to remind Xcel, Centerpoint and the Minneapolis Water Depart-ment of their responsibilities to tenants under this ordinance?