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Committee split over minimum‑heat bill; committee adopts do‑not‑pass recommendation
Summary
Representative Austin Foss proposed a floor‑temperature requirement of 68°F between Oct. 1 and April 30. Supporters said the change would clarify an ambiguous landlord obligation; builders’ and real‑estate groups opposed the bill as unnecessary state‑level regulation. The committee ultimately adopted a do‑not‑pass recommendation.
Representative Austin Foss introduced House Bill 1496, which would define “reasonable heat” in landlord‑tenant law as a minimum indoor temperature of 68 degrees Fahrenheit between Oct. 1 and April 30. Foss said his office received constituent complaints of apartments kept near 55 degrees and argued a clear standard would protect tenants with medical vulnerabilities and give landlords a concrete requirement.
“The North Dakota Century Code does not define what that means. This lack of clarity creates uncertainty for both tenants and landlords,” Foss told the committee. He said the 68‑degree figure mirrors a standard used in HUD public housing rules.
The bill drew opposition from multiple industry groups. Jill Beck, representing real‑estate interests, said the measure “impedes private property rights” and that cities can adopt ordinances if needed. Britney Rourke of the North Dakota Association of Builders told the committee that building temperatures vary by unit and level, and that a statewide minimum could be difficult to administer. The North Dakota Apartment Association took a neutral stance and noted construction and building‑design issues can cause legitimate temperature variation within a unit.
Committee members debated enforcement and practical consequences — whether the remedy for a tenant is constructive eviction and whether tenants can realistically move out mid‑lease. Some senators expressed concern that a statewide temperature mandate would be hard to apply and could prompt future regulation of air conditioning.
After debate, Senator Klein moved a do‑not‑pass recommendation. The committee approved the do‑not‑pass motion (4‑1). The committee record shows Senators Klein, Castle, Behn and Engott voting for do‑not‑pass and Chairman Barta voting against it. Senator Ingett was recorded as the carrier.
