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Building Energy Awareness, St. Louis City
The city of St. Louis passed Board Bill 205CS, “Building Energy Awareness” in 2017. The purpose of this act is to establish an energy benchmarking and reporting requirement for certain building within the City of St. Louis.
Your building is 50,000 square feet or larger (total footprint) AND
Your building is located within the City of St. Louis
The new ordinance will require property owners that meet the above two criteria, to submit total energy and water data consumed for each property for the previous calendar year along with other descriptive information for each property as required by the benchmarking ENERGY STAR tool. The benchmarking tool is a database operated by the U.S. Environmental Protection Agency’s ENERGY STAR Portfolio Manager. Each owner will receive information from the City/ENERGY STAR regarding this tool.
If your building meets the above two criteria AND:
Is master metered, or
- Can receive aggregated utility data, or
- Has access to whole building utility data,
- You WILL BE required to participate in this program, beginning April 2017.
If your building meets the above two criteria but DOES NOT have the ability to collect aggregate utility data, you will be required to file for an extension citing this reason no later than April 1, 2017. Once such services are available from the utility, as determined by the Director, such building will no longer be exempt from benchmarking and shall file initial benchmarking reports in the first required year following availability of the data.
Disparate Impact Liability Under Fair Housing
The Supreme Court upheld a Texas case brought under the Fair Housing Act. The results of the case are that liability can be found where even neutrally applied practices that create a disproportionate impact on a minority group, EVEN WITHOUT INTENT TO DO SO, are PROHIBITED.
Wavier of Jury Trial
In preparation for a negative ruling by the Supreme Court in a pending case that could have the potential to allow jury trials in all rent and possession cases, here are two (2) suggestions for an addendum to any lease that does not already contain a waiver for jury trial.
WAIVER OF JURY TRIAL. To the extent permitted by applicable law, Landlord and Tenant shall and do hereby waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenants use or occupancy of the Premises, or any statutory remedy.
WAIVER OF JURY TRIAL. To the extent permitted by law, Landlord and Tenant hereby waive their respective rights to trial by jury of any cause of action, claim, counter-claim or cross complaint in any action, proceeding or hearing brought by either Landlord against Tenant, or Tenant against Landlord on any matter whatsoever arising out of, or in any connection with, this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any remedy under any law, statute or regulation, emergency or otherwise now or hereinafter in effect. BY INITIALING THE SPACE BELOW, EACH PARTY ACKNOWLEDGES AND AGREES TO THE FOREGOING WAIVER
Repeals provisions of law which require a landlord to keep all security deposits in a trust account
City of St. Louis
Board Bill No 260, Source of Income Ordinance
"Source of Income” means the point or form of the origination of legal gains of income accruing to a person in a stated period of time; from any occupation, profession or activity, from any contract, agreement or settlement, from federal, state or local payments including Section 8 or any other rent subsidy or rent assistance program, from court ordered payments or from payments received as gifts, bequests, annuities or life insurance policies.