HF 758

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/17/2023 12:01am

A bill for an act
relating to housing; prohibiting a landlord from taking certain actions that encourage
or require a tenant to declaw or devocalize an animal; authorizing civil penalties;
proposing coding for new law in Minnesota Statutes, chapter 504B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [504B.114] PET DECLAWING AND DEVOCALIZATION PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Animal" has the meaning given in section 343.20, subdivision 2.
new text end

new text begin (c) "Application for occupancy" means all phases of the process of applying for the right
to occupy a real property, including but not limited to filling out applications, interviewing,
and submitting references.
new text end

new text begin (d) "Claw" means a hardened keratinized modification of the epidermis or a hardened
keratinized growth that extends from the end of the digits of certain mammals, birds, reptiles,
and amphibians that is commonly referred to as a claw, talon, or nail.
new text end

new text begin (e) "Declawing" means performing, procuring, or arranging for any procedure, such as
an onychectomy, tendonectomy, or phalangectomy, to remove or prevent the normal function
of an animal's claw or claws.
new text end

new text begin (f) "Devocalizing" means performing, procuring, or arranging for any surgical procedure,
such as a vocal cordectomy, to remove an animal's vocal cords or to prevent the normal
function of an animal's vocal cords.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions. new text end

new text begin A landlord who allows an animal on the premises shall not:
new text end

new text begin (1) advertise the availability of a real property for occupancy in a manner designed to
discourage application for occupancy of that real property because an applicant's animal
has not been declawed or devocalized;
new text end

new text begin (2) refuse to allow the occupancy of a real property, refuse to negotiate the occupancy
of a real property, or otherwise make unavailable or deny to another person the occupancy
of a real property because of that person's refusal to declaw or devocalize an animal; or
new text end

new text begin (3) require a tenant or occupant of real property to declaw or devocalize an animal
allowed on the premises.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) A city attorney, a county attorney, or the attorney general may
bring an action in district court to obtain injunctive relief for a violation of this section and
to enforce the civil penalties provided in this subdivision.
new text end

new text begin (b) In addition to any other penalty allowed by law, a violation of subdivision 2, clause
(1), shall result in a civil penalty of not more than $1,000 per advertisement, to be paid to
the entity that is authorized to bring the action under this section.
new text end

new text begin (c) In addition to any other penalty allowed by law, a violation of subdivision 2, clause
(2) or (3), shall result in a civil penalty of not more than $1,000 per animal, to be paid to
the entity that is authorized to bring the action under this section.
new text end