(2) if the tenant has not filed a complaint involving natural gas or electric utility service with the Public Utilities Commission under section 216B.024 or the eviction action is for nonpayment of water and sewer utility charges, and the tenant meets the requirements for a court fee waiver under section 563.01, must not require the tenant to post any amount of money into court, post a bond, make a payment directly to a landlord, or by any other means post security for utility charges; and
(3) if the tenant has not filed a complaint involving natural gas or electric utility service with the Public Utilities Commission under section 216B.024, and the tenant does not meet the requirements for a court fee waiver under section 563.01, may, in the court's discretion, require the tenant to pay an amount of money or post security as the court deems appropriate for prospective utility charges only.
(c) A court must not require a tenant to post rent as a condition of a tenant asserting an affirmative claim or defense, or a counterclaim related to landlord utility billings or practices.
(d) For the purposes of this section:
(1) "shared-metered residential building" has the meaning given in section 504B.216, subdivision 1, paragraph (e); and
(2) "utility service" has the meaning given in section 504B.216, subdivision 1, paragraph (i).
§
Subd. 5.Combining allegations.
(a) An action for recovery of the premises may combine the allegation of nonpayment of rent and the allegation of material violation of the lease, which shall be heard as alternative grounds.