HF 2936

as introduced - 87th Legislature (2011 - 2012) Posted on 03/19/2012 12:56pm

A bill for an act
relating to real property; landlord and tenant; establishing a landlord's right to
seek police or emergency assistance; prohibiting certain fees, penalties, and
charges; preempting local law; 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.280] RESIDENTIAL LANDLORD'S RIGHT TO SEEK POLICE
AND EMERGENCY ASSISTANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Police or emergency assistance. new text end

new text begin A political subdivision may not:
new text end

new text begin (1) bar or limit the right of a residential landlord to call for police or emergency
assistance to respond to or investigate an emergency or conduct on or near residential
premises that might constitute criminal activity, a nuisance, or a disturbance, or other
activity that violates a rental licensing ordinance, regulation, or similar law; or
new text end

new text begin (2) impose a fee or penalty on or otherwise penalize a residential landlord for a call
for police or emergency assistance described in clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Cooperation with licensing requirements; reasonable witness fees. new text end

new text begin (a)
This subdivision applies to a political subdivision that has a residential licensing ordinance,
regulation, or similar law that requires a residential landlord to be proactive in preventing
or responding to criminal activity, a nuisance, a disturbance, or other activity on a rental
property that violates a rental licensing ordinance, regulation, or similar law. The political
subdivision may not unreasonably impose a witness fee or other charge for obtaining
the testimony of a police officer, building official, or other employee of the political
subdivision who was involved in reporting, responding to, or documenting incidents or
activities that gave rise to a notice by the political subdivision that the landlord must take
proactive action or face adverse licensing consequences. The political subdivision may
not require advance payment of a witness fee that is greater than $20, plus mileage.
new text end

new text begin (b) It is a defense to an action to revoke a residential rental license, impose a fee or
penalty for a license violation, or assess a higher or additional inspection charge that the
landlord is unable to obtain testimony that is relevant to the landlord's defense because the
political subdivision requested a witness fee or other charge in violation of this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Local preemption. new text end

new text begin This section preempts an inconsistent local ordinance,
regulation, or similar law.
new text end