HF 1656

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; expanding 
  1.3             jurisdiction of rent escrow and tenant remedy actions 
  1.4             to include improper and retaliatory notices; amending 
  1.5             Minnesota Statutes 1998, sections 566.18, subdivision 
  1.6             6; 566.19, by adding a subdivision; 566.25; and 
  1.7             566.34, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 566.18, 
  1.10  subdivision 6, is amended to read: 
  1.11     Subd. 6.  [VIOLATION.] "Violation" means: 
  1.12     (a) a violation of any state, county or city health, 
  1.13  safety, housing, building, fire prevention, or housing 
  1.14  maintenance code applicable to the building; 
  1.15     (b) a violation of any of the covenants set forth in 
  1.16  section 504.18, subdivision 1, clauses (a) or (b), or in section 
  1.17  504.181, subdivision 1; 
  1.18     (c) a violation of an oral or written agreement, lease or 
  1.19  contract for the rental of a dwelling in a building; or 
  1.20     (d) a notice to terminate a tenancy, increase rent, or 
  1.21  decrease services that violates section 504.06 or 566.03, 
  1.22  subdivision 2 or 3.  
  1.23     Sec. 2.  Minnesota Statutes 1998, section 566.19, is 
  1.24  amended by adding a subdivision to read: 
  1.25     Subd. 5.  No action may be commenced pursuant to sections 
  1.26  566.18 to 566.33 by a tenant of a building in which a violation 
  2.1   as defined by section 566.18, subdivision 6, clause (d), exists 
  2.2   unless the owner is informed in writing of the alleged violation 
  2.3   at least seven days prior to the commencement of the action.  
  2.4   The notice requirement may be waived upon a finding by the court 
  2.5   that the owner cannot be located despite diligent efforts. 
  2.6      Sec. 3.  Minnesota Statutes 1998, section 566.25, is 
  2.7   amended to read: 
  2.8      566.25 [JUDGMENT.] 
  2.9      Upon finding the complaint proved, the court may, in its 
  2.10  discretion, do any or all of the following, either alone or in 
  2.11  combination: 
  2.12     (a) order the owner to remedy the violation or violations 
  2.13  found by the court to exist if the court is satisfied that 
  2.14  corrective action will be undertaken promptly; or 
  2.15     (b) order the tenant to remedy the violation or violations 
  2.16  found by the court to exist and deduct the cost from the rent 
  2.17  subject to the terms as the court determines to be just; or 
  2.18     (c) appoint an administrator with powers as set out in 
  2.19  section 566.29, and 
  2.20     (1) direct that rents due: 
  2.21     (i) on and from the day of entry of judgment, in the case 
  2.22  of petitioning tenants or neighborhood organizations, and 
  2.23     (ii) on and from the day of service of the judgment on all 
  2.24  other tenants and commercial tenants of the building, if any, 
  2.25  shall be deposited with the administrator appointed by the 
  2.26  court, and 
  2.27     (2) direct that the administrator use the rents collected 
  2.28  for the purpose of remedying the violations found to exist by 
  2.29  the court paying the debt service, taxes and insurance, and 
  2.30  providing the services necessary to the ordinary operation and 
  2.31  maintenance of the building which the owner is obligated to 
  2.32  provide but fails or refuses to provide; or 
  2.33     (d) find the extent to which any uncorrected violations 
  2.34  impair the tenants' use and enjoyment of the premises contracted 
  2.35  for and order the rent abated accordingly.  Should the court 
  2.36  choose to enter judgment under this paragraph the parties shall 
  3.1   be informed and the court shall find the amount by which the 
  3.2   rent shall be abated; 
  3.3      (e) after termination of administration, continue the 
  3.4   jurisdiction of the court over the building for a period of one 
  3.5   year and order the owner to maintain the building in compliance 
  3.6   with all applicable state, county, and city health, safety, 
  3.7   housing, building, fire prevention, and housing maintenance 
  3.8   codes; and 
  3.9      (f) declare as void and unenforceable a notice to terminate 
  3.10  a tenancy, increase rent, or decrease services which violates 
  3.11  section 504.06 or 566.03, subdivision 2 or 3; and 
  3.12     (g) grant any other relief the court deems just and proper, 
  3.13  including a judgment against the owner for reasonable attorney 
  3.14  fees, not to exceed $500, in the case of a prevailing tenant or 
  3.15  neighborhood organization.  The $500 limitation does not apply 
  3.16  to awards made under section 549.211 or other specific statutory 
  3.17  authority.  
  3.18     Sec. 4.  Minnesota Statutes 1998, section 566.34, 
  3.19  subdivision 2, is amended to read: 
  3.20     Subd. 2.  [ESCROW OF RENT.] If a violation exists in a 
  3.21  building, a tenant may deposit the amount of rent due to the 
  3.22  owner with the court administrator using the following procedure:
  3.23     (a) For a violation of section 566.18, subdivision 6, 
  3.24  clause (a), the tenant may deposit with the court administrator 
  3.25  the rent due the owner along with a copy of the written notice 
  3.26  of the code violation as provided in section 566.19, subdivision 
  3.27  2.  The tenant may not deposit the rent or file the written 
  3.28  notice of the code violation until the time granted to make 
  3.29  repairs has expired without satisfactory repairs being made, 
  3.30  unless the tenant alleges that the time granted is excessive. 
  3.31     (b) For a violation of section 566.18, subdivision 6, 
  3.32  clause (b) or, (c), or (d), the tenant must give written notice 
  3.33  to the owner specifying the violation.  The notice must be 
  3.34  delivered personally or sent to the person or place where rent 
  3.35  is normally paid.  If the violation of section 566.18, 
  3.36  subdivision 6, clause (b) or (c), is not corrected within 14 
  4.1   days, or if the owner does not rescind a notice in violation of 
  4.2   section 566.18, subdivision 6, clause (d), within seven days, 
  4.3   the tenant may deposit the amount of rent due to the owner with 
  4.4   the court administrator along with an affidavit specifying the 
  4.5   violation.  The court must provide a simplified form affidavit 
  4.6   for use under this clause. 
  4.7      (c) The tenant need not deposit rent if none is due to the 
  4.8   owner at the time the tenant otherwise files the notice required 
  4.9   by this subdivision.  All rent which thereafter becomes due to 
  4.10  the owner prior to the hearing under this section must be 
  4.11  deposited with the court administrator.  As long as proceedings 
  4.12  are pending under this section, the tenant must pay rent to the 
  4.13  owner or as directed by the court and may not withhold rent to 
  4.14  remedy a violation.