SF4104

Purpose

This bill adds and clarifies landlord duties in residential leases, focusing on ensuring livable conditions, energy efficiency improvements where cost-effective, compliance with health/safety laws, and a minimum heating standard. It also prevents tenants and landlords from waiving these requirements.

Main Provisions

• Fit for use and repair

  • Landlords must ensure the premises and all common areas are fit for the use intended by the parties.
  • Landlords must keep the premises and common areas in reasonable repair during the lease term, including services and conditions listed in relevant housing statutes.
  • Pest control (extermination of insects, rodents, vermin, and other pests) must be provided, except when the disrepair is caused by the tenant or someone controlled by the tenant.

• Energy efficiency improvements

  • Landlords must make the premises reasonably energy efficient by installing weatherstripping, caulking, storm windows, and storm doors if such measures yield energy procurement cost savings that exceed the cost of implementing the measure, with the cost amortized over ten years.

• Health and safety compliance

  • Landlords must maintain the premises in compliance with applicable health and safety laws at federal, state, and local levels, including any local rental licensing ordinances, during the lease term.
  • This requirement does not apply if violations are caused by the tenant or someone under the tenant’s direction or control.

• Heating minimum standard

  • Landlords must equip or furnish heat at a minimum temperature of 68 degrees Fahrenheit in all places intended for habitation (including kitchens and bathrooms).
  • Heating must be maintained from October 1 through April 30 (or May 31 if a utility company requires heat to be reduced).

• Non-waiver of covenants

  • The lease terms cannot waive or modify the covenants established by this section.

Significant Changes to Existing Law

• Introduces a formal minimum heating standard (68°F) during the heating season for all inhabited spaces.
• Establishes an energy-efficiency improvement framework where cost-saving measures (weatherstripping, caulking, storm windows/doors) can be required if the savings exceed implementation costs, amortized over ten years.
• Explicitly ties health/safety law compliance to landlord duties and local licensing where applicable.
• Strengthens landlord obligations around pest control and ongoing maintenance, with explicit disallowance of waivers to these covenants.

Practical Implications

• Landlords may incur upfront costs for energy efficiency improvements and heating compliance, with long-term anticipated savings and tenant safety benefits.
• Tenants gain clearer expectations for heat provision, pest control, and adherence to health/safety standards, along with protection against waiving these protections.
• Municipal rental licensing and health/safety ordinances become part of the landlord obligations during the lease term.

Relevant Terms landlord covenants premises and common areas fit for the use intended reasonable repair services and conditions extermination of insects rodents vermin or other pests willful malicious or irresponsible conduct energy efficient weatherstripping caulking storm windows storm doors energy procurement cost savings amortized ten-year period health and safety laws local ordinances rental licensing minimum temperature 68 degrees Fahrenheit October 1 through April 30 May 31 waiver or modify covenants