H. B. No. 422 As Introduced

Sec. 4975.04. Except for the charges permitted under

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division (B) of section 4975.03 of the Revised Code, no landlord,

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park operator, or entity other than a public utility shall charge

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a tenant or resident an administrative fee, late fee, or any other

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fee relating to the provision of, or payment for, the electric,

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gas, water, sewage disposal, heating, or cooling service supplied

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to the tenant's or resident's residential premises.

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Sec. 4975.01. As used in sections 4975.01 to 4975.05 of the	11
Revised Code:	12

(A) "Competitive retail electric service" has the same	13
meaning as in section 4928.01 of the Revised Code.	14

(B) "Competitive retail natural gas service" has the same	15
meaning as in section 4929.01 of the Revised Code.	16

(C) "Cooperative" means an entity that is owned and operated	17
exclusively by and solely for its customers to provide electric,	18
gas, water, or sewage disposal service and includes an electric	19
cooperative as defined in section 4928.01 of the Revised Code.	20

(D) "Customer" means an individual who has a contract with a	21
public utility to receive electric, gas, water, sewage disposal,	22
heating, or cooling service at residential premises.	23

Section 1. That sections 4781.56, 4975.01, 4975.02, 4975.03,	6
4975.04, 4975.05, and 5321.041 of the Revised Code be enacted to	7
read as follows:	8

Sec. 4781.56. Each park operator shall comply with the	9
requirements of sections 4975.01 to 4975.04 of the Revised Code.	10

(E) "Electric light company," "gas company," "natural gas	24
company," "water-works company," "heating or cooling company," and	25
"sewage disposal system company" have the same meanings as in	26
section 4905.03 of the Revised Code.	27

(F) "Landlord" has the same meaning as in section 5321.01 of	28
the Revised Code.	29

(G) "Manufactured home park operator" or "park operator" has	30
the same meaning as in section 4781.01 of the Revised Code.	31

(H) "Public utility" means any retail supplier of electric,	32
gas, water, sewage disposal, heating, or cooling service,	33
including an electric light company, gas company, natural gas	34
company, water-works company, heating or cooling company, sewage	35
disposal system company, municipal corporation, cooperative,	36
provider of competitive retail electric service, or provider of	37
competitive retail natural gas service.	38

(I) "Rental agreement" and "residential premises," with	39
respect to a manufactured home park operator and resident	40
relationship, have the same meanings as in section 4781.01 of the	41
Revised Code. "Rental agreement" and "residential premises," with	42
respect to a landlord and tenant relationship, have the same	43
meanings as in section 5321.01 of the Revised Code.	44

(J) "Resident" has the same meaning as in section 4781.01 of	45
the Revised Code.	46

(K) "Submeter" means a device that measures the amount of	47
utility service provided to residential premises where the	48
resident or tenant of the residential premises is not a customer	49
of the public utility providing the measured service.	50

(L) "Tenant" has the same meaning as in section 5321.01 of	51
the Revised Code.	52

(4) A company owned in whole or in part by the landlord, park	80
operator, or entity.	81

Sec. 4975.02. A landlord or a manufactured home park	53
operator who is a party to a rental agreement may require a tenant	54
or resident, under the rental agreement, to do one of the	55
following regarding payment for the electric, gas, water, sewage	56
disposal, heating, or cooling service supplied to the residential	57
premises covered by the rental agreement:	58

(A) Pay the public utility as a customer of the public	59
utility;	60

(B) Pay the landlord or park operator, or an entity other	61
than a public utility;	62

(C) Pay the landlord or park operator a fixed amount that is	63
included in the rental cost.	64

Sec. 4975.03. If a landlord, park operator, or an entity	65
other than a public utility requires a tenant or resident to pay	66
for the electric, gas, water, sewage disposal, heating, or cooling	67
service in the manner allowed by division (B) of section 4975.02	68
of the Revised Code, the landlord, park operator, or entity shall	69
do all of the following with respect to the applicable service:	70

(A) Ensure that during the term of the rental agreement, a	71
submeter accurately measures only the applicable service supplied	72
to the residential premises.	73

(B) Charge the tenant or resident not more than the actual	74
cost of the tenant's or resident's utility service for which a	75
public utility has charged:	76

(C) Include in any bill to the tenant or resident for charges	82
authorized under division (B) of section 4975.02 of the Revised	83
Code all of the following:	84

(D) Grant the tenant or resident reasonable access to the	88
tenant's or resident's submeter for the purpose of reading the	89
submeter.	90

Sec. 4975.05. If a landlord, park operator, or an entity	98
other than a public utility violates any provision of sections	99
4975.01 to 4975.04 of the Revised Code, the affected tenant may	100
bring an action to recover double the amount of damages resulting	101
from the violation, obtain injunctive relief to prevent the	102
recurrence of the conduct, and obtain a judgment for reasonable	103
attorney's fees.	104

For purposes of this section, "damages" means either or both	105
of the following, as applicable to the facts based upon which an	106
action is brought under this division:	107

(A) The total amount charged to the resident for electric,	108
gas, water, sewage disposal, heating, or cooling service for the	109
period during which a violation of section 4975.02 of the Revised	110
Code occurred;	111

(B) The total amount of administrative, late, or other fees	112
charged to the resident in violation of section 4975.04 of the	113
Revised Code.	114

Sec. 5321.041. Each landlord shall comply with the	115
requirements of sections 4975.01 to 4975.04 of the Revised Code.	116