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Landlord- Tenant Handbook: Other Important Laws http: / /www.tenant. net /Other_Areas/Minnesota/hb4.htm1 tenant's annual income must not be more than 185 percent of the federal poverty level (current poverty level is $14,800 for a family of four, so income must be less than $27, 380 to qualify for this plan) and the tenant must be willing to set up and keep a payment plan. Eligibility for Inability to Pay status requires the tenant to have a current account as of October 15 when the Cold Weather Rule season begins. Any residential customer, regardless of income or account status, may qualify for a payment schedule. Minn. R. 7820.2100 (1993). The rule also provides a Reconnection Plan for those who meet the income guidelines and whose service remains disconnected on October 15. Minn. R. 7820.2300 (1993). For more information about eligibility, or about applying for protection under the Cold Weather Rule, contact your local utility or call the Consumer Affairs Office of the Minnesota Public Utilities Commission at (612) 296 -0406. Unregulated Utilities Customers of unregulated utilities - cooperative electric associations and municipal utilities - also have some protection from having their heat source disconnected in the winter. Minn. R. 7820.1600, subp. (6)(a) (1993). A municipal utility or a cooperative electric association cannot shut off the service of a residential customer between October 15 and April 15 if: 1. The disconnection would affect the primary heat source. 2. The customer has declared an inability to pay on forms provided by the utility. 3. The household income of the customer is less than 185 percent of the federal poverty level. 4. The customer has no overdue bills from the billing period immediately before October 15 (or, if there was an overdue bill, the customer had arranged with the utility to repay it and is reasonably current in making scheduled payments under the repayment plan). Minn. R. 7820.1800 (1993). Regulations for Disconnection Without receipt of a written disconnection notice, a customer's utility service cannot be shut off. The consumer must be informed of the date that disconnection will occur, the reason for disconnection, and options to avoid disconnection. The notice must be written in easy -to- understand language and must be issued at least five days prior to disconnection, excluding Sundays and legal holidays. Minn. R. 7820.2400 (1993). 25. TENANT'S RIGHT TO A TAX CREDIT Minnesota law gives tenants (depending on income and amount of rent paid) a partial refund for the property taxes they pay directly or indirectly through their rent. To be eligible a tenant must be a renter in a property tax - paying unit. But if the tenant is renting from the government, or a private college, some other person, or other entity not required to pay taxes, the tenant is not eligible for a refund. To claim the credit, the tenant must file with the Minnesota Department of Revenue a property tax refund return form (M -LP) and include with it a "certificate of rent paid" that the landlord must supply to the renter by January 31 of each year. If there is a disagreement between the tenant and the landlord over how much the tenant can claim, or if the landlord fails to provide a certificate of rent paid form, a "Rent Paid" affidavit can be requested from the Minnesota Department of Revenue. Credit must be filed with the Department of Revenue by August 31. Questions may be directed to the department at (612) 296 -3781, or 1- 800 - 652 -9094. Minn. Stat. §290A.19, subd. 2 (1992). 26. DISCRIMINATION According to Minnesota law, landlords cannot legally refuse to sell, rent or lease housing to potential tenants, or have different rental terms, on the basis of race, color, creed, religion, national 6 of 9 10/31/99 7:37 PM