Last month, a new law went into effect in Minnesota requiring landlords to keep apartment temperatures at a minimum of 68° Fahrenheit between October 1 and April 30 in all units where residents cannot alter the temperature themselves. The new tenant protection, which was added to Minnesota Statute 504B.161 (1999), was passed due to increasing numbers of complaints from renters about low temperatures in apartments. During winter, Minnesota is one of the coldest states in the U.S., with temperatures routinely dropping below zero.
Minnesota already has in place some policies protecting residents during the winter, particularly under its Cold Weather Rule. This rule prohibits tenants from losing heat access because of failure to pay their heating bill. The rule applies from October 15 to April 15, and all natural gas and electric service providers must abide by the safeguard. However, the Cold Weather Rule is not an assumed protection, meaning tenants must apply for coverage or their heat can be shut off. Under the Cold Weather Rule, clients with a household income at or under 50% of the state median income pay no more than 10% of their household income on present and past heat bills. More information on the rule can be found here.
Another form of assistance offered by Minnesota is the Emergency Assistance Program. Administered by the Minnesota Department of Commerce, this program allocates federal funds provided by the U.S. Department of Health and Human Services’ Low Income Home Energy Assistance Program (LIHEAP). Homeowners and tenants with incomes at or under 50% of the state’s median income can apply for coverage under this program to help with energy bills and other related issues. The average aid received is $550 but can increase to as much as $1,400, depending on household costs and income.
Other cities have passed similar winter-focused tenant protections, including Seattle. In 2020, the city approved a law that prevents landlords from evicting tenants during winter, though the law allows evictions in certain cases, such as drug activity, criminal offenses, emergency orders, and serious misconduct. The law applies only to rental units in Seattle and is inapplicable to properties with four units or less. Between December 1 and March 1, renters who make less than 100% of area median income (AMI) can use this defense to try to avoid eviction. An amendment to the original bill required the creation of a special fund to lessen costs accrued by landlords due to payment failures. Even so, the effectiveness of the law is debatable, and city advocates have pushed for additional changes.
Poor housing quality is proven to impact residents’ physical and mental health, and especially the health of extremely low-income residents. Extreme cold can raise blood pressure, cause respiratory problems, and lead to depression. One of the rights codified by NLIHC’s Tenant Bill of Rights is the right to a habitable home. Winter safeguards should be considered fundamental in efforts to assure this right. Endorse the National Tenant Bill of Rights here.