To amend sections 3733.10 and 5321.04 of the Revised Code to require a landlord or manufactured home park operator, in general, to supply electric, gas, water, and sewage disposal service and related fixtures and appliances and to pay the required amount due for the service in a timely manner unless the service to the tenant's or resident's dwelling unit is individually metered by a meter accessible to the tenant or resident, the landlord or operator notifies the tenant or resident in writing that the tenant or resident is liable for the cost of electric, gas, water, and sewage disposal service, the tenant or resident is the customer with the public utility supplying the service, and the tenant or resident is billed only the cost that the public utility assesses for supplying the service to the dwelling unit.

Section 1. That sections 3733.10 and 5321.04 of the Revised Code be amended to read as follows:

Sec. 3733.10.  (A) A park operator who is a party to a rental agreement shall:

(1) Comply with the requirements of all applicable building, housing, health, and safety codes which materially affect health and safety and rules of the public health council;

(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;

(3) Keep all common areas of the premises in a safe and sanitary condition;

(4) Maintain in good and safe working order and condition all electrical and plumbing fixtures and appliances, and septic systems, sanitary and storm sewers, refuse receptacles, and well and water systems that are supplied or required to be supplied by him the park operator;

(5) Not abuse the right of access conferred by division (B) of section 3733.101 of the Revised Code;

(6) Except in the case of emergency or if it is impracticable to do so, give the resident reasonable notice of his the park operator's intent to enter onto the residential premises and enter only at reasonable times. Twenty-four hours notice shall be presumed to be a reasonable notice in the absence of evidence to the contrary;

(7) Pay for electric, gas, water, and sewage disposal services supplied to the manufactured or mobile home that is covered by the rental agreement, unless all of the following conditions are met:

(a) During the term of the rental agreement, a public utility supplies the applicable electric, gas, water, or sewage disposal service to the resident's manufactured or mobile home, an individual meter of the public utility measures only the applicable electric, gas, water, or sewage disposal service supplied to the manufactured or mobile home, the resident is the customer with the public utility for the applicable electric, gas, water, or sewage disposal service supplied to the manufactured or mobile home, and, for the electric, gas, water, or sewage disposal service supplied to the manufactured or mobile home, the resident is billed only the cost that the public utility assesses for supplying the manufactured or mobile home with the applicable electric, gas, water, or sewage disposal service.

(b) The resident has reasonable access to the individual meter for the manufactured or mobile home for the purpose of reading the meter.

(c) The park operator provides a public utility with reasonable access to the individual meter, and any other equipment as necessary, to terminate a customer's service.

(d) The rental agreement clearly states that the resident is liable for the cost of the applicable electric, gas, water, and sewage disposal services supplied to the resident's manufactured or mobile home during the term of the rental agreement, or, in the case of an oral rental agreement, prior to entering into the rental agreement, the park operator provides the resident with a written notice that clearly states that the resident is liable for the cost of the applicable electric, gas, water, and sewage disposal services supplied to the resident's manufactured or mobile home during the term of the rental agreement;

(8) Make all payments for electric, gas, water, and sewage disposal services that are supplied to the manufactured or mobile home and for which the resident is not liable in a timely manner and in the required amount.

(B) If the park operator violates any provision of this section, makes a lawful entry onto the residential premises in an unreasonable manner, or makes repeated demands for entry otherwise lawful which demands have the effect of harassing the resident, the resident may recover actual damages resulting from the violation, entry, or demands and injunctive relief to prevent the recurrence of the conduct, and if he the resident obtains a judgment, reasonable attorneys' fees, or terminate the rental agreement. If the park operator fails to make a timely payment to a public utility in the required amount in accordance with division (A)(8) of this section, the resident may recover actual damages resulting from the violation, may obtain injunctive relief to prevent the recurrence of the conduct, and if the resident obtains a judgment, may recover reasonable attorney's fees or terminate the rental agreement. If a resident's electric, gas, water, or sewage disposal service is disconnected due to the park operator's failure to make a payment in accordance with division (A)(8) of this section, and the resident is not delinquent in rental payments, the resident may terminate the rental agreement if service is not restored within two days after the resident provides the park operator with written notice of the disconnection of service.

(C) As used in this section:

(1) "Public utility" means any retail supplier of electric, gas, water, or related services or of sewage disposal services, including, but not limited to, an electric light company, gas company, natural gas company, water-works company, heating or cooling company, sewage disposal system company, municipal corporation, cooperative, competitive retail electric supplier, or competitive retail natural gas supplier.

(2) "Customer" means a resident who enters into a contractual agreement with a public utility to receive electric, gas, water, or sewage disposal service for the resident's manufactured or mobile home.

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

Sec. 5321.04.  (A) A landlord who is a party to a rental agreement shall do all of the following:

(1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety;

(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;

(3) Keep all common areas of the premises in a safe and sanitary condition;

(4) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by him the landlord;

(5) When he the landlord is a party to any rental agreements that cover four or more dwelling units in the same structure, provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of a dwelling unit, and arrange for their removal;

(6) Supply running water, reasonable amounts of hot water, and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection and supply all electrical, plumbing, sanitary, heating, and ventilating fixtures and appliances that are either required by applicable building, housing, health, and safety codes or necessary to make the premises fit and habitable;

(7) Not abuse the right of access conferred by division (B) of section 5321.05 of the Revised Code;

(8) Except in the case of emergency or if it is impracticable to do so, give the tenant reasonable notice of his the landlord's intent to enter and enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.

(9) Promptly commence an action under Chapter 1923. of the Revised Code, after complying with division (C) of section 5321.17 of the Revised Code, to remove a tenant from particular residential premises, if the tenant fails to vacate the premises within three days after the giving of the notice required by that division and if the landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of section 1923.02 of the Revised Code, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in that division. Such actual knowledge or reasonable cause to believe shall be determined in accordance with that division;

(10) Pay for electric, gas, water, and sewage disposal services supplied to a dwelling unit in a timely manner in the required amount except as provided in division (C) of this section.

(B) If the landlord makes an entry in violation of division (A)(8) of this section, makes a lawful entry in an unreasonable manner, or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or demands, obtain injunctive relief to prevent the recurrence of the conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement. If the landlord fails to make a timely payment to a public utility in the required amount in accordance with division (A)(10) of this section, the tenant may recover actual damages resulting from the violation, may obtain injunctive relief to prevent the recurrence of the conduct, and, if the tenant obtains a judgment, may recover reasonable attorney's fees or terminate the rental agreement. If a tenant's electric, gas, water, or sewage disposal service is disconnected due to the landlord's failure to make a payment in accordance with division (A)(10) of this section, and the tenant is not delinquent in rental payments, the tenant may terminate the rental agreement if service is not restored within two days after the tenant provides the landlord with written notice of the disconnection of service.

(C) A landlord who is a party to a rental agreement shall pay for electric, gas, water, and sewage disposal services supplied to the tenant's dwelling unit that is covered by the rental agreement unless all of the following conditions are met:

(1) During the term of the rental agreement, a public utility supplies the applicable electric, gas, water, or sewage disposal service to the dwelling unit, an individual meter of the public utility measures only the applicable electric, gas, water, or sewage disposal service supplied to the dwelling unit, the tenant is the customer with the public utility for the applicable electric, gas, water, or sewage disposal service supplied to the dwelling unit, and, for the applicable electric, gas, water, or sewage disposal service supplied to the dwelling unit, the tenant is billed only the cost that the public utility assesses for supplying the dwelling unit with the applicable electric, gas, water, or sewage disposal service.

(2) The tenant has reasonable access to the individual meter for the dwelling unit for the purpose of reading the meter.

(3) The landlord provides a public utility with reasonable access to the individual meter, and any other equipment as necessary, to terminate a customer's service.

(4) The rental agreement clearly states that the tenant is liable for the cost of the applicable electric, gas, water, and sewage disposal services supplied to the dwelling unit during the term of the rental agreement, or, in the case of an oral rental agreement, prior to entering into the agreement, the landlord provides the tenant with a written notice that clearly states that the tenant is liable for the cost of the applicable electric, gas, water, and sewage disposal services supplied to the dwelling unit during the term of the rental agreement.

(D) As used in this section:

(1) "Public utility" means any retail supplier of electric, gas, water, or related services or of sewage disposal services, including, but not limited to, an electric light company, gas company, natural gas company, water-works company, heating or cooling company, sewage disposal system company, municipal corporation, cooperative, competitive retail electric supplier, or competitive retail natural gas supplier.

(2) "Customer" means a tenant who enters into a contractual agreement with a public utility to receive electric, gas, water, or sewage disposal service for the tenant's dwelling unit.

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

Section 2. That existing sections 3733.10 and 5321.04 of the Revised Code are hereby repealed.