As Reported by the House Energy Committee

136th General Assembly

Regular Session Sub. H. B. No. 173

2025-2026

Representative Thomas, D.

Cosponsor: Representative Mathews, A.

To amend sections 4905.02 and 5321.04 and to enact sections 4911.22, 4933.51, 4933.52, 4933.53, 4933.54, 4933.55, 4933.56, 4933.57, 4933.58, 4933.59, 4933.60, 4933.61, 4933.62, 4933.63, 4933.64, 4933.65, 4933.66, and 4933.68 of the Revised Code regarding submetered utility services.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4905.02 and 5321.04 be amended and sections 4911.22, 4933.51, 4933.52, 4933.53, 4933.54, 4933.55, 4933.56, 4933.57, 4933.58, 4933.59, 4933.60, 4933.61, 4933.62, 4933.63, 4933.64, 4933.65, 4933.66, and 4933.68 of the Revised Code be enacted to read as follows:

Sec. 4905.02. (A) As used in this chapter, "public utility" includes every corporation, company, copartnership, person, or association, the lessees, trustees, or receivers of the foregoing, defined in section 4905.03 of the Revised Code, including any public utility that operates its utility not for profit, except the following:

(1) An electric light company that operates its utility not for profit;

(2) A public utility, other than a telephone company, that is owned and operated exclusively by and solely for the utility's customers, including any consumer or group of consumers purchasing, delivering, storing, or transporting, or seeking to purchase, deliver, store, or transport, natural gas exclusively by and solely for the consumer's or consumers' own intended use as the end user or end users and not for profit;

(3) A public utility that is owned or operated by any municipal corporation;

(4) A railroad as defined in sections 4907.02 and 4907.03 of the Revised Code;

(5) Any provider, including a telephone company, with respect to its provision of any of the following:

(a) Advanced services as defined in 47 C.F.R. 51.5;

(b) Broadband service, however defined or classified by the federal communications commission;

(d) Subject to division (A) of section 4927.03 of the Revised Code, internet protocol-enabled services as defined in section 4927.01 of the Revised Code;

(e) Subject to division (A) of section 4927.03 of the Revised Code, any telecommunications service as defined in section 4927.01 of the Revised Code to which both of the following apply:

(i) The service was not commercially available on September 13, 2010, the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.

(ii) The service employs technology that became available for commercial use only after September 13, 2010, the effective date of the amendment of this section by S.B. 162 of the 128th general assembly.

(6)(a) A person, business, or other entity that, either on its own behalf or under a contract with a property owner, provides, constructs, or installs for customers submetered utility service;

(b) As used in this division, "submetered utility service" means any of the following, if provided, constructed, or installed at a point after services provided by a public utility are delivered to the public utility's metered points of delivery at the customers' locations:

(i) Service or benefit from an advanced energy resource as defined in section 4928.01 of the Revised Code;

(ii) Electric service;

(iii) Billing service for services described in divisions (A)(6)(b)(i) and (ii) of this section;

(iv) Electric vehicle charging;

(v) Resale of electricity to a tenant's dwelling unit by a landlord or the landlord's agent that is based on metered consumption;

(vi) Resale of electricity to a condominium by a unit owners association or the association's agent that is based on metered consumption.

(7) Billing service for the resale of water service to a tenant's dwelling unit by a landlord or the landlord's agent, or to a condominium by a unit owners association or the association's agent, that is based on metered consumption and that is delivered at a point after water service is delivered to the public utility's metered point of delivery for that service at that location.

(B)(1) "Public utility" includes a for-hire motor carrier even if the carrier is operated in connection with an entity described in division (A)(1), (2), (4), or (5) of this section.

(2) Division (A) of this section shall not be construed to relieve a private motor carrier, operated in connection with an entity described in division (A)(1), (2), (4), or (5) of this section, from compliance with either of the following:

(a) Chapter 4923. of the Revised Code;

(b) Rules governing unified carrier registration adopted under section 4921.11 of the Revised Code.

(1) "Condominium" and "unit owners association" have the same meanings as in section 5311.01 of the Revised Code.

(2) "Dwelling unit," "landlord," and "tenant" have the same meanings as in section 5321.01 of the Revised Code.

Sec. 4911.22. (A) As used in this section:

(1) "Submetered utility service" has the same meaning as in section 4905.02 of the Revised Code.

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

(B) The consumers' counsel shall maintain a list of billing assistance programs that may be available to a tenant who receives submetered utility service on the consumers' counsel's web site.

Sec. 4933.51. As used in sections 4933.51 to 4933.68 of the Revised Code:

(A) "Dwelling unit," "landlord," and "tenant" have the same meanings as in section 5321.01 of the Revised Code.

(B) "Electric light company" has the same meaning as in section 4905.03 of the Revised Code.

(D) "Fair market value" means a value determined by considering the age, condition, price of similar assets of the same age and use in the market, and recent sale prices and expert appraisals.

(E) "Public utility" means an electric light company, natural gas company, or water-works company as defined in section 4905.03 of the Revised Code that is a public utility as defined in section 4905.02 of the Revised Code.

(F) "Qualified low-income building" has the same meaning as in section 175.16 of the Revised Code.

(G) "Submetered utility service" has the same meaning as in section 4905.02 of the Revised Code.

(H)(1) "Submetered utility service provider" means, subject to division (H)(2) of this section, a person, business, or other entity that, either on its own behalf or under a contract with a property owner, provides, constructs, or installs for customers submetered utility service.

(2) In the case of resale of electricity to a tenant based on metered consumption at the tenant's dwelling unit, the submetered utility service provider is the master meter account holder, or customer of record, with the public utility delivering service to the premises, except to the extent that such account holder or customer of record is a landlord who has assigned responsibility for compliance with some or all of the requirements of sections 4933.55 to 4933.59 of the Revised Code to a third party by contract. The third party that assumed responsibility for compliance with some or all of the requirements of sections 4933.55 to 4933.59 of the Revised Code is the submetered utility service provider to the extent that the third party has assumed such responsibility.

Sec. 4933.52. (A) Except for reasons of safety or reliability, the public utilities commission shall not adopt any rule that permits a public utility to set the location of, or refuse to relocate, any of its meters so that the meter's location prevents either of the following:

(1) A submetered utility service provider from providing, constructing, or installing submetered utility service at a point after the public utility service is delivered to the public utility's metered point of delivery at that location;

(2) A billing service described in division (A)(7) of section 4905.02 of the Revised Code from providing the billing service for water service at a point after water service is delivered to the public utility's metered point of delivery for that service at that location.

(B) Except for reasons of safety or reliability, no public utility shall set the location of, or refuse to relocate, any of its meters so that the meter's location prevents either of the following:

Sec. 4933.53. (A) Except for reasons of safety or reliability, if a public utility customer requests an alteration in the location, character, or metering of the customer's service from a public utility where the alteration would render certain personal property or equipment of the utility as no longer used and useful in providing utility service to the customer's real property, the utility shall offer to sell such personal property or equipment to the utility customer for any purpose, including for use in providing submetered utility service and to ensure certainty of ownership of the personal property or equipment following the change in service, if both of the following are met:

(1) The personal property or equipment is located exclusively within the boundaries of the customer's real property;

(2) The personal property or equipment was used exclusively to provide utility service to the property.

(B) The public utility shall price the personal property or equipment offered for sale to a customer pursuant to this section as the amount of the fair market value of the property or equipment, as the value of such property or equipment would be represented in a ratemaking proceeding before the public utilities commission.

Sec. 4933.54. Each electric utility shall maintain up-to-date reference tools on the utility's web site, or in another conspicuous and publicly accessible location, that permit automatic calculation of what the electric utility would charge its residential customers with a specific kilowatt-hour usage during any of the most recent twelve months.

Sec. 4933.55. No submetered utility service provider that resells electricity to a tenant based on metered consumption at the tenant's dwelling unit may charge the tenant more than the bill for the standard service offer and all tariffed charges and riders that the electric light company, in whose certified territory the dwelling unit is located, would charge its residential customers for electric service.

Sec. 4933.56. A submetered utility service provider that resells electricity to a tenant based on metered consumption at the tenant's dwelling unit shall do all of the following:

(A) Register with the public utilities commission every two years and comply with the rules adopted pursuant to section 4933.59 of the Revised Code. Registration under this division shall include only the provider's name, business address, telephone number, regulatory contact, the type of services offered by the provider, and evidence of the managerial, financial, and technical capabilities to offer such services.

(B) At a minimum, comply with the requirements for the disconnection of electric service established in sections 4933.121 to 4933.123 of the Revised Code and the rules adopted pursuant to those sections, as applicable;

(C) Provide a separate disclosure and a report of historic monthly usage and corresponding billed amounts for metered electricity to each tenant's dwelling unit for the preceding twelve months, if applicable, to its tenants solely for purposes of compliance with the pricing requirements under section 4933.55 of the Revised Code;

(D) Disclose its process and procedures for the disconnection of electric service to its tenants;

(E) Provide notice of the list of billing assistance programs that is required pursuant to section 4911.22 of the Revised Code to a tenant that receives submetered utility service from the provider at both of the following times:

(1) Upon the tenant's request for submetered utility service bill assistance;

(2) At least annually in the standard communication format used by the provider or landlord to provide information to tenants.

(F) Offer an alternative payment plan option to a tenant that receives submetered utility service from the provider;

(G) Accept a payment from the home energy assistance program when the account holder qualifies for the home energy assistance program;

(H) Ensure that each bill issued by the provider for submetered utility service complies with all of the following:

(1) Lists each charge or fee for submetered utility service in a separate and distinct manner that allows the tenant to understand each charge or fee;

(2) Lists each common area charge or fee, including each common area charge or fee for central systems air conditioning, heating, and hot water, in a separate and distinct manner that allows the tenant to understand each common area charge or fee;

(3) Clearly states the tenant's actual or estimated metered electricity usage in kilowatt hours, or other standard measure, in a manner that allows the tenant to effectively use the reference tools required by section 4933.54 of the Revised Code.

Sec. 4933.57. (A) Prior to the effective date of the rules adopted to implement section 4933.58 of the Revised Code, a submetered utility service provider that resells electricity to a tenant based on metered consumption at the tenant's dwelling unit at a property or community with more than fifty dwelling units shall file an interim compliance plan for approval with the public utilities commission for each property or community with more than fifty dwelling units at which submetered utility service is provided to tenants by either of the following dates, whichever is later:

(1) Not more than ninety days after the commission adopts rules to implement this section;

(2) Prior to the date that the provider initiates providing submetered utility service at the property or community, whichever is later.

(B) The commission shall approve an interim compliance plan filing that does all of the following:

(1) Includes the provider's name, business address, telephone number, regulatory contact, and the type of services offered by the provider at the community or property;

(2) Describes the methods by which the provider intends to ensure that any bills to tenants at the property or community comply with the pricing requirements for the resale of electricity under section 4933.55 of the Revised Code;

(3) Describes how the provider intends to comply with the electric service disconnection standards imposed by section 4933.56 of the Revised Code;

(4) If more than one submetered utility service provider provides submetered utility service at a single property or community with more than fifty dwelling units, or if more than one party is responsible for the compliance plan items described in this section, sets forth the responsibilities of each provider for each of the interim compliance plan items described in this section.

(C) The provider shall adhere to the interim compliance plan that is approved by the commission until the plan is terminated, unless otherwise directed by the commission.

(D) An interim compliance plan for a property or community approved by the commission terminates upon the commission approving a compliance plan under section 4933.58 of the Revised Code for the same property or community. An interim compliance plan continues until terminated pursuant to this division or terminated by the commission.

(E) The requirement that a provider file an interim compliance plan under this section terminates upon the effective date of rules to implement section 4933.58 of the Revised Code.

Sec. 4933.58. (A) A submetered utility service provider that resells electricity to a tenant based on metered consumption at the tenant's dwelling unit at a property or community with more than fifty dwelling units shall file a compliance plan for approval with the public utilities commission for each property or community with more than fifty dwelling units at which submetered utility service is provided to tenants by either of the following dates, whichever is later:

(1) Not more than ninety days after the commission adopts rules to implement this section;

(2) Prior to the date that the provider initiates providing submetered utility service at the property or community.

(B) The commission shall approve a compliance plan filing that does all of the following:

(1) Describes the means by which the provider will ensure compliance with sections 4933.56 and 4933.59 of the Revised Code at the property or community, as applicable;

(2) Includes the provider's name, business address, telephone number, regulatory contact, and the type of services offered by the provider at the community or property;

(3) Describes the methods by which the provider intends to ensure that any bills to tenants at the property or community comply with the pricing requirements for the resale of electricity under section 4933.55 of the Revised Code;

(4) Describes how the provider intends to comply with the electric service disconnection standards imposed by section 4933.56 of the Revised Code;

(5) Includes a copy of the language included, or to be included, in each tenant's lease relating to submetered electric service that complies with division (C) of this section, as applicable, and section 5321.04 of the Revised Code;

(6) For submetered utility service provided or intended to be provided to a qualified low-income building, discloses any utility assistance programs available to tenants or condominium owners of which the applicant is aware as of the date the application is submitted;

(7) If more than one submetered utility service provider provides submetered utility service at a single property or community with more than fifty dwelling units, or if more than one party is responsible for the compliance plan items described in this section, sets forth the responsibilities of each provider for each of the compliance plan items described in this section;

(8) Discloses the standard communication format used by the provider or landlord to provide information to tenants;

(9) Provide a description of the alternative payment plan required by section 4933.56 of the Revised Code.

(C) To the extent that a landlord of a property or community with more than fifty dwelling units is not the submetered utility service provider, the landlord shall separately contribute to or attest to the language included, or to be included, in each tenant's lease relating to submetered electric service.

(D) The provider shall adhere to the compliance plan that is approved by the commission, unless otherwise directed by the commission.

(E) The compliance plan shall be updated from time to time upon any material change to the information contained therein.

Sec. 4933.59. (A) Not later than one year after the effective date of this section, the public utilities commission shall adopt rules to implement sections 4933.56 and 4933.58 of the Revised Code.

(B) The commission shall adopt rules to implement section 4933.57 of the Revised Code not more than one hundred eighty days after the effective date of this section.

(C) The commission may require submetered utility service providers that provide submetered utility service to residential end users other than providers that resell electricity to a tenant based on metered consumption at the tenant's dwelling unit to register every two years and to comply with any applicable registration requirements.

(D) Rules adopted under this section, including any requirements regarding classifications, procedures, terms, and conditions, shall be reasonable and shall not confer any undue economic, competitive, or market advantage or preference upon any electric light company, submetered utility service provider, or competitive retail electric service provider.

(E) The commission may charge submetered utility service providers a registration processing fee of not more than one thousand dollars per initial and each subsequent biennial registration. The commission shall use all amounts collected under this division to pay costs related to the implementation of sections 4933.51 to 4933.68 of the Revised Code.

(F) Notwithstanding any provision of section 121.95 of the Revised Code to the contrary, a regulatory restriction contained in rules adopted under sections 4933.51 to 4933.68 of the Revised Code is not subject to sections 121.95 to 121.953 of the Revised Code.

Sec. 4933.60. (A) The public utilities commission shall approve or issue a notice of deficiency in accordance with division (B)(2) of this section relating to any of the following not more than thirty days after receipt from a submetered utility service provider at a property or community with more than fifty dwelling units:

(1) A registration application required under section 4933.56 or 4933.59 of the Revised Code;

(2) An interim compliance plan filing required under section 4933.57 of the Revised Code;

(3) A compliance plan filing required under section 4933.58 of the Revised Code.

(B)(1) The commission shall approve a provider's application or filing described in this section if the application or filing complies with all requirements under sections 4933.56 to 4933.59 of the Revised Code, as applicable.

(2) If a provider's application or filing described in this section does not comply with some or all of the requirements under sections 4933.56 to 4933.59 of the Revised Code, the commission shall notify the provider by using a notice of deficiency setting forth the manner of noncompliance in terms sufficiently specific to permit the provider to remedy the noncompliance. Upon a provider's amendment of an application or filing following a notice of deficiency, the commission shall approve or deny the provider's amended application or filing within thirty days of receipt.

(C) If the commission denies a provider's amended application or filing as described in this section, the commission shall notify the provider of the reason for such denial.

(D) Any application or filing described in this section that is not approved or for which a notice of deficiency is not submitted within ninety days is deemed approved by operation of law.

Sec. 4933.61. Notwithstanding any provision of sections 4933.51 to 4933.68 of the Revised Code to the contrary, the public utilities commission may temporarily modify or waive any or all of the requirements of sections 4933.56, 4933.58, and 4933.59 of the Revised Code for a period not exceeding sixty days to account for changes in technology, law, or for the emergence of factors or circumstances affecting a party's compliance with those sections, which factors are beyond that party's control or which could not be reasonably anticipated by that party.

Sec. 4933.62. (A) Unless waived under section 4933.61 of the Revised Code, no submetered utility service provider shall provide a submetered utility service to a consumer in this state without first being registered with the public utilities commission, to the extent registration is required under sections 4933.56 and 4933.59 of the Revised Code.

(B) Beginning one hundred twenty days after the effective date of rules adopted to implement section 4933.57 of the Revised Code and terminating upon the effective date of rules to implement section 4933.58 of the Revised Code, no submetered utility service provider that resells electricity to a tenant based on metered consumption at the tenant's dwelling unit at a property or community with more than fifty dwelling units shall provide a submetered utility service to a consumer in this state without an approved interim compliance plan under section 4933.57 of the Revised Code.

(C) Beginning one hundred twenty days after the effective date of rules adopted to implement section 4933.58 of the Revised Code, unless waived under section 4933.61 of the Revised Code, no submetered utility service provider that resells electricity to a tenant based on metered consumption at the tenant's dwelling unit at a property or community with more than fifty dwelling units shall provide a submetered utility service to a consumer in this state without an approved compliance plan under section 4933.58 of the Revised Code.

Sec. 4933.63. (A) The public utilities commission shall receive and use reasonable diligence to investigate any reports or information regarding a possible failure to comply with, or a violation of, the requirements of sections 4933.55 to 4933.59 of the Revised Code.

(B) The commission may review any of the following in response to a report or information received under this section:

(1) A submetered utility service provider's or landlord's relevant billing practices;

(2) A submetered utility service provider's or landlord's billing history;

(3) A submetered utility service provider's or landlord's leases;

(4) Any other relevant documentation and information as the commission deems appropriate.

(C) Any portion of materials reviewed by the commission under this section that contain personally identifiable information, including banking or information which could be used to commit identity theft, shall be treated as confidential.

(D) If a review is initiated under this section as a result of a report or information from a tenant receiving submetered utility service, the commission shall report its conclusions and the results of the review to the tenant not more than one hundred eighty days after receipt of the report or information.

(E) Any submetered utility service provider that fails to cooperate with a review under this section in good faith may, at the commission's discretion, be determined liable for a violation or failure to comply with sections 4933.55 to 4933.59 of the Revised Code and may be assessed any penalties under section 4933.65 of the Revised Code.

Sec. 4933.64. (A) Any person, firm, or corporation, or the public utilities commission upon its initiative, may file a written complaint against either of the following:

(1) Any submetered utility service provider for a failure to comply with, or a violation of, the requirements under sections 4933.55 to 4933.59 of the Revised Code;

(2) Any landlord who is not a submetered utility service provider for a failure to comply with division (C) of section 4933.58 of the Revised Code.

(B) If it appears that reasonable grounds for complaint are stated after a preliminary investigation, the commission shall provide notice of probable noncompliance to the submetered utility service provider or landlord and grant the provider or landlord sixty days, or longer at the commission's discretion, to cure the noncompliance. If such noncompliance is not cured during the cure period, the commission may open a formal investigation of the complaint.

(C) The commission may, after a formal investigation under this section, provide reasonable notice and the opportunity for a hearing to the provider or landlord subject to the investigation. After such notice and opportunity for a hearing, if the commission determines by a preponderance of the evidence that the provider or landlord committed the violation or failure to comply described in the complaint, the commission may issue an order to assess any penalties described in section 4933.65 or 4933.66 of the Revised Code, as applicable.

(D) The parties to a formal investigation under this section shall be entitled to be heard, represented by counsel, and to have a process to enforce the attendance of witnesses.

(E) Nothing in this section prohibits a provider or landlord from resolving any failure to comply with, or a violation of, the requirements under sections 4933.55 to 4933.59 of the Revised Code prior to commission action.

Sec. 4933.65. (A) Any submetered utility service provider that is found to have violated or failed to comply with the requirements under sections 4933.55 to 4933.59 of the Revised Code, after reasonable notice and opportunity for a hearing under section 4933.64 of the Revised Code, or if division (E) of section 4933.63 of the Revised Code applies, except as provided in division (B) of this section, may be assessed, or have any or all of the following penalties imposed, at the discretion of the public utilities commission:

(1) A forfeiture of not more than one hundred dollars for each violation or compliance failure per impacted dwelling unit. For purposes of a forfeiture under division (A)(1) of this section, each day that a provider violates or fails to comply with sections 4933.55 to 4933.59 of the Revised Code is a separate violation or compliance failure for each violation or compliance failure.

(2) A forfeiture of ten thousand dollars if the submetered utility service provider is found to have violated or failed to comply with division (C) of section 4933.62 of the Revised Code. A forfeiture under division (A)(2) of this section may be in addition to a forfeiture under division (A)(1) of this section.

(3) Revocation, vacation, or nullification of the provider's registration under section 4933.56 of the Revised Code and issuance of an order and entry of the order in the journal of the commission barring such provider from providing submetered utility service in this state for not more than two years.

(B) The commission shall grant the provider that is assessed, or on whom is imposed, one or more penalties under this section sixty days, or longer at the commission's discretion, to cure the violation or failure to comply. If such violation or failure to comply is cured during that period, the provider is not subject to the penalties assessed under this section.

(C) Forfeitures under this section shall be recovered by action prosecuted in the name of the state and may be brought in the court of common pleas of any county in which the provider who committed the violation or failed to comply is located. The action shall be commenced and prosecuted by the attorney general when directed by the public utilities commission. All forfeitures are cumulative, and an action for recovery of one does not bar the recovery of another. Forfeitures collected under this section shall be credited to the general revenue fund.

Sec. 4933.66. (A) The public utilities commission may, except as provided in division (B) of this section, enter an order in the journal of the commission barring, for not more than two years, the provision of submetered utility service to the property or community of a landlord that is found to have failed to comply with division (C) of section 4933.58 of the Revised Code after reasonable notice and opportunity for a hearing under section 4933.64 of the Revised Code.

(B) The commission shall grant the landlord assessed a penalty under this section sixty days, or longer at the commission's discretion, to cure the failure to comply. If such failure to comply is cured during the cure period, the landlord is not subject to the penalty assessed under this section.

Sec. 4933.68. Not later than two years after the effective date of the rules adopted pursuant to division (A) of section 4933.59 of the Revised Code, the public utilities commission shall submit a report to the general assembly that contains all of the following information:

(A) The number of submetered utility service providers registered with the commission;

(B) The name of each submetered utility service provider registered with the commission;

(D) The number of dwelling units at each property or community served by a submetered utility service provider;

(E) The number of complaints received by the commission on a monthly basis from residential customers regarding the customer's submetered utility service where the commission determined that a violation by a submetered utility service provider occurred.

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 the landlord;

(5) When 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;

(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 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) Comply with the rights of tenants under the Servicemembers Civil Relief Act, 117 Stat. 2835, 50 U.S.C. App. 501;

(11) If the landlord, whether by itself or with the assistance of a submetered utility service provider, resells or permits resale of utility service to tenants, disclose the nature of such utility service and all related charges or fees, including any common area charges or fees, in its leases with tenants, and, as applicable, comply with sections 4933.51 to 4933.68 of the Revised Code.

(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.

(C) As used in this section, "submetered utility service provider" has the same meaning as in section 4933.51 of the Revised Code.

Section 2. That existing sections 4905.02 and 5321.04 of the Revised Code are hereby repealed.