HF 3591

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/11/2024 03:37pm

A bill for an act
relating to housing; amending provisions relating to residential housing leases;
providing for landlord and tenant rights and obligations; providing for tenant
screening; providing for tenant associations; prohibiting discrimination based on
housing assistance; making clarifying, technical, and conforming changes to
landlord and tenant provisions; amending Minnesota Statutes 2022, sections
504B.001, subdivisions 5, 14, by adding subdivisions; 504B.101; 504B.111;
504B.115, subdivision 1; 504B.116; 504B.118; 504B.131; 504B.141; 504B.145;
504B.151, subdivision 1; 504B.161, subdivisions 2, 4, by adding subdivisions;
504B.173, subdivision 4, by adding a subdivision; 504B.175, subdivision 4;
504B.177; 504B.178, subdivision 7; 504B.181, by adding a subdivision; 504B.185,
subdivision 2, by adding a subdivision; 504B.195, subdivisions 1, 5, by adding a
subdivision; 504B.204; 504B.205, subdivisions 2, 3, 5, 6; 504B.206, subdivisions
1, 2, 3, 6; 504B.231; 504B.241, subdivision 4; 504B.245; 504B.265, by adding a
subdivision; 504B.271, subdivision 2; 504B.285, subdivision 1, by adding a
subdivision; 504B.315; 504B.391, subdivision 1; 504B.395, subdivisions 1, 4;
Minnesota Statutes 2023 Supplement, sections 484.014, subdivision 3; 504B.144;
504B.161, subdivision 1; 504B.266, subdivision 2; 504B.268, subdivision 1;
504B.331; 504B.345, subdivision 1; 504B.375, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapter 504B.

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

ARTICLE 1

TENANTS' RIGHTS

Section 1.

Minnesota Statutes 2023 Supplement, section 484.014, subdivision 3, is amended
to read:

Subd. 3.

Mandatory expungement.

(a) deleted text begin Except for clause (6), deleted text end The court shall, without
motion by any party new text begin except for clauses (6) and (7) new text end , order expungement of an eviction case:

(1) commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

(i) the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or

(ii) the defendant was a tenant during the contract cancellation or foreclosure redemption
period and did not receive a notice under section 504B.285, subdivision 1a, 1b, or 1c, to
vacate on a date prior to commencement of the eviction case;

(2) if the defendant prevailed on the merits;

(3) if the deleted text begin court dismissed the plaintiff's deleted text end complaint new text begin is dismissed new text end for any reason;

(4) if the parties to the action have agreed to an expungement;

(5) three years after the eviction was ordered; deleted text begin or
deleted text end

(6) new text begin upon motion of a defendant, if an eviction action has been filed in violation of section
504B.206, subdivision 3a; or
new text end

new text begin (7) new text end upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.

(b) If a tenant brings a motion for the expungement of an eviction, the court shall order
the expungement of an eviction case that was commenced on the grounds of a violation of
section 504B.171 or any other claim of breach regardless of when the original eviction was
ordered, if the tenant could receive an automatic expungement under section 609A.055, or
if the breach was based solely on the possession of marijuana or tetrahydrocannabinols.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 504B.144, is amended to read:

504B.144 EARLY RENEWAL OF LEASE.

A landlord deleted text begin must wait until six months from the expiration of the current lease before
requiring a tenant to renew the lease deleted text end new text begin may not require a tenant to renew a lease sooner than
six months prior to the expiration of the current lease new text end , if the lease is for a period of time
longer than ten months. Nothing prevents a landlord from waiting until closer to the
expiration of a lease to ask a tenant to renew the lease. Any provision, whether oral or
written, of any lease or other agreement whereby any provision of this section is waived by
a tenant is contrary to public policy and void.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2022, section 504B.177, is amended to read:

504B.177 LATE FEES.

(a) A landlord of a residential building may not charge a late fee if the rent is paid after
the due date, unless the tenant and landlord have agreed in writing that a late fee may be
imposed. The agreement must specify when the late fee will be imposed. In no case may
the late fee exceed eight percent of the overdue rent payment. Any late fee charged or
collected is not considered to be either interest or liquidated damages. For purposes of this
paragraph, the "due date" does not include a date, earlier than the date contained in the
written or oral lease by which, if the rent is paid, the tenant earns a discount.

(b) Notwithstanding paragraph (a), if a federal statute, regulation, or handbook permitting
late fees for a tenancy subsidized under a federal program conflicts with paragraph (a), then
the landlord may publish and implement a late payment fee schedule that complies with the
federal statute, regulation, or handbook.

new text begin (c) A late fee charged by a landlord who has entered into a housing assistance payments
contract with the federal, state, or local government must be calculated and assessed only
on the portion of rent payable by the tenant. For the purposes of this paragraph, "housing
assistance payments contract" means programs described in United States Code, title 42,
sections 1437f and 1485, as well as other programs under which the landlord contracts to
receive rent from the tenant and also to receive payment from the government.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2022, section 504B.205, subdivision 2, is amended to read:

Subd. 2.

Emergency calls permitted.

(a) A landlord may not:

(1) bar or limit a residential tenant's right to call for police or emergency assistance in
response to domestic abuse or any other conduct new text begin , including but not limited to mental health
or health crises new text end ; or

(2) impose a penalty on a residential tenant for calling for police or emergency assistance
in response to domestic abuse or any other conduct new text begin , including but not limited to mental
health or health crises new text end .

(b) A residential tenant may not waive and a landlord may not require the residential
tenant to waive the residential tenant's right to call for police or emergency assistance.

Sec. 5.

Minnesota Statutes 2022, section 504B.205, subdivision 3, is amended to read:

Subd. 3.

Local preemption.

This section preempts any inconsistent local ordinance or
rule including, without limitation, any ordinance or rule that:

(1) requires an eviction after a specified number of calls by a residential tenant for police
or emergency assistance in response to domestic abuse or any other conduct new text begin , including but
not limited to mental health or health crises new text end ; or

(2) provides that calls by a residential tenant for police or emergency assistance in
response to domestic abuse or any other conduct new text begin , including but not limited to mental health
or health crises, new text end may be used to penalize or charge a fee to a landlord.

This subdivision shall not otherwise preempt any local ordinance or rule that penalizes
a landlord for, or requires a landlord to abate, conduct on the premises that constitutes a
nuisance or other disorderly conduct as defined by local ordinance or rule.

Sec. 6.

Minnesota Statutes 2022, section 504B.205, subdivision 6, is amended to read:

Subd. 6.

Attorney general authority.

The attorney general has authority under section
8.31 to investigate and prosecute violations of this section new text begin , including situations involving
local ordinances new text end .

Sec. 7.

Minnesota Statutes 2022, section 504B.206, subdivision 1, is amended to read:

Subdivision 1.

Right to terminate; procedure.

(a) A tenant to a residential lease may
terminate a lease agreement in the manner provided in this section without penalty or liability,
if the tenant or another authorized occupant fears imminent violence after being subjected
to:

(1) domestic abuse, as that term is defined under section 518B.01, subdivision 2;

(2) criminal sexual conduct under sections 609.342 to 609.3451;

(3) sexual extortion under section 609.3458; or

(4) harassment under section 609.749.

(b) The tenant must provide signed and dated advance written notice to the landlord:

(1) stating the tenant fears imminent violence from a person as indicated in a qualifying
document against the tenant or an authorized occupant if the tenant or authorized occupant
remains in the leased premises;

(2) stating that the tenant needs to terminate the tenancy;

(3) providing the date deleted text begin by deleted text end new text begin on new text end which the deleted text begin tenant will vacate deleted text end new text begin lease will terminate new text end ; and

(4) providing written instructions for the disposition of any remaining personal property
in accordance with section 504B.271.

(c) The written notice must be delivered before the termination of the tenancy by mail,
deleted text begin fax, or deleted text end in person new text begin , or by a form of written communication the plaintiff regularly uses to
communicate with the landlord new text end , and be accompanied by a qualifying document. new text begin The tenancy
terminates for the tenant who exercises the right granted under this subdivision, including
the right of possession of the premises, on the date provided in the notice required under
paragraph (b). Vacation of the premises under this section by the tenant prior to the date
provided in the notice does not constitute termination of the tenancy for the purposes of this
section.
new text end

(d) The landlord may request that the tenant disclose the name of the perpetrator and, if
a request is made, inform the tenant that the landlord seeks disclosure to protect other tenants
in the building. The tenant may decline to provide the name of the perpetrator for safety
reasons. Disclosure shall not be a precondition of terminating the lease.

deleted text begin (e) The tenancy terminates, including the right of possession of the premises, as provided
in subdivision 3.
deleted text end

Sec. 8.

Minnesota Statutes 2022, section 504B.206, subdivision 2, is amended to read:

Subd. 2.

Treatment of information.

(a) A landlord must not disclose:

(1) any information provided to the landlord by a tenant in the written notice required
under subdivision 1, paragraph (b);

(2) any information contained in the qualifying document;

(3) the address or location to which the tenant has relocated; or

(4) the status of the tenant as a victim of violence.

(b) The information referenced in paragraph (a) must not be entered into any shared
database or provided to any person or entity but may be used when required as evidence in
an eviction proceeding, action for unpaid rent or damages arising out of the tenancy, claims
under section 504B.178, with the consent of the tenant, or as otherwise required by law.

new text begin (c) A landlord who violates this section is liable to the tenant for statutory damages of
$2,000, plus reasonable attorney fees and costs.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.206, subdivision 3, is amended to read:

Subd. 3.

Liability for rent; termination of tenancy.

(a) A tenant who is a sole tenant
and is terminating a lease under subdivision 1 is responsible for the rent payment for the
full month in which the tenancy terminates. The tenant deleted text begin forfeits deleted text end new text begin relinquishes new text end all claims for
the return of the security deposit under section 504B.178 and is relieved of any other
contractual obligation for payment of rent or any other charges for the remaining term of
the lease, except as provided in this section. In a sole tenancy, the tenancy terminates on
the date specified in the notice provided to the landlord as required under subdivision 1.

(b) In a tenancy with multiple tenants, one of whom is terminating the lease under
subdivision 1, any lease governing all new text begin remaining new text end tenants is terminated at the later of the end
of the month or the end of the rent interval in which one tenant terminates the lease under
subdivision 1. All tenants are responsible for the rent payment for the full month in which
the tenancy terminates. Upon termination, all tenants deleted text begin forfeit deleted text end new text begin relinquish new text end all claims for the
return of the security deposit under section 504B.178 and are relieved of any other contractual
obligation for payment of rent or any other charges for the remaining term of the lease,
except as provided in this section. Any tenant whose tenancy was terminated under this
paragraph may reapply to enter into a new lease with the landlord.

(c) This section does not affect a tenant's liability for delinquent, unpaid rent or other
amounts owed to the landlord before the lease was terminated by the tenant under this
section.

new text begin (d) Except as provided in section 504B.285, subdivision 1, paragraph (b), a landlord
may not commence an eviction action against a tenant who has terminated a lease as provided
in this section.
new text end

Sec. 10.

Minnesota Statutes 2022, section 504B.206, subdivision 6, is amended to read:

Subd. 6.

Definitions.

For purposes of this section, the following terms have the meanings
given:

(1) "court official" means a judge, referee, court administrator, prosecutor, probation
officer, or victim's advocate, whether employed by or under contract with the court, who
is authorized to act on behalf of the court;

(2) "qualified third party" means a person, acting in an official capacity, who has deleted text begin had
in-person contact with deleted text end new text begin provided professional services to new text end the tenant and is:

(i) a licensed health care professional operating within the scope of the license;

(ii) a domestic abuse advocate, as that term is defined in section 595.02, subdivision 1,
paragraph (l); or

(iii) a sexual assault counselor, as that term is defined in section 595.02, subdivision 1,
paragraph (k);

(3) "qualifying document" means:

(i) a valid order for protection issued under chapter 518B;

(ii) a no contact order currently in effect, issued under section 629.75 or chapter 609;

(iii) a writing produced and signed by a court official, acting in an official capacity,
documenting that the tenant or authorized occupant is a victim of domestic abuse, as that
term is defined under section 518B.01, subdivision 2, criminal sexual conduct under sections
609.342 to 609.3451, sexual extortion under section 609.3458, or harassment under section
609.749, and naming the perpetrator, if known;

(iv) a writing produced and signed by a city, county, state, or tribal law enforcement
official, acting in an official capacity, documenting that the tenant or authorized occupant
is a victim of domestic abuse, as that term is defined under section 518B.01, subdivision 2,
criminal sexual conduct under sections 609.342 to 609.3451, sexual extortion under section
609.3458, or harassment under section 609.749, and naming the perpetrator, if known; or

(v) a statement by a qualified third party, in the following form:

STATEMENT BY QUALIFIED THIRD PARTY

I, .................... (name of qualified third party), do hereby verify as follows:

1. I am a licensed health care professional, domestic abuse advocate, as that term is
defined in section 595.02, subdivision 1, paragraph (l), or sexual assault counselor, as that
term is defined in section 595.02, subdivision 1, paragraph (k), who has deleted text begin had in-person
contact with deleted text end new text begin provided professional services to new text end .................... (name of victim(s)).

2. I have a reasonable basis to believe .................... (name of victim(s)) is a victim/are
victims of domestic abuse, criminal sexual conduct, sexual extortion, or harassment and
fear(s) imminent violence against the individual or authorized occupant if the individual
remains (the individuals remain) in the leased premises.

3. I understand that the person(s) listed above may use this document as a basis for
gaining a release from the lease.

I attest that the foregoing is true and correct.

(Printed name of qualified third party)

(Signature of qualified third party)

(Business address and business telephone)

(Date)

Sec. 11.

Minnesota Statutes 2023 Supplement, section 504B.266, subdivision 2, is amended
to read:

Subd. 2.

Termination of lease upon infirmity of tenant.

(a) A tenant or the authorized
representative of the tenant may terminate the lease prior to the expiration of the lease in
the manner provided in subdivision 3 if the tenant has or, if there is more than one tenant,
deleted text begin all deleted text end new text begin one of new text end the tenants deleted text begin have deleted text end new text begin has new text end , been found by a medical professional to need to move into
a medical care facility and:

(1) require assistance with instrumental activities of daily living or personal activities
of daily living due to medical reasons or a disability;

(2) meet one of the nursing facility level of care criteria under section 144.0724,
subdivision 11; or

(3) have a disability or functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly reduced because of
a mental illness.

(b) When a tenant requires an accessible unit as defined in section 363A.40, subdivision
1, and the landlord can provide an accessible unit in the same complex where the tenant
currently resides that is available within two months of the request, then the provisions of
this section do not apply and the tenant may not terminate the lease.

Sec. 12.

Minnesota Statutes 2023 Supplement, section 504B.268, subdivision 1, is amended
to read:

Subdivision 1.

Right to counsel.

A defendant in deleted text begin public deleted text end housing new text begin subsidized by the United
States Department of Housing and Urban Development under Section 9 of the United States
Housing Act of 1937 or the Consolidated and Further Continuing Appropriations Act, 2012,
Pub. L. No. 112-55, 125 Stat. 673, new text end subject to an eviction action under sections 504B.281
to 504B.371 alleging breach of lease under section 504B.171 or 504B.285 who is financially
unable to obtain counsel has the right to counsel appointed by the court. The complaint
required by section 504B.321 shall include the notice on the first page of the complaint in
bold 12-point type: "If financially unable to obtain counsel, the defendant has the right to
a court-appointed attorney." At the initial hearing, the court shall ask the defendant if the
defendant wants court-appointed counsel and shall explain what such appointed counsel
can accomplish for the defendant.

Sec. 13.

Minnesota Statutes 2022, section 504B.285, subdivision 1, is amended to read:

Subdivision 1.

Grounds.

(a) The person entitled to the premises may recover possession
by eviction when:

(1) any person holds over real property:

(i) after a sale of the property on an execution or judgment;

(ii) after the expiration of the time for redemption on foreclosure of a mortgage, or after
termination of contract to convey the property; or

(iii) after the expiration of the time for redemption on a real estate tax judgment sale;

(2) any person holds over real property after termination of the time for which it is
demised or leased to that person or to the persons under whom that person holds possession,
contrary to the conditions or covenants of the lease or agreement under which that person
holds, or after any rent becomes due according to the terms of such lease or agreement; or

(3) any tenant at will holds over after the termination of the tenancy by notice to quit.

(b) A landlord may not commence an eviction action against a tenant or authorized
occupant solely on the basis that the tenant or authorized occupant has been the victim of
any of the acts listed in section 504B.206, subdivision 1, paragraph (a). new text begin A landlord may not
commence an eviction action against a residential tenant who has terminated a lease as
provided in section 504B.206. new text end Nothing in this paragraph should be construed to prohibit an
eviction action based on a breach of the lease new text begin or where a tenant has provided the written
notice under section 504B.206, subdivision 1, but failed to vacate on or before the date
provided in that notice. A landlord violating this paragraph is liable to the tenant for
reasonable attorney fees and costs incurred by the tenant for obtaining an expungement as
provided under section 484.014, subdivision 3 new text end .

Sec. 14.

Minnesota Statutes 2023 Supplement, section 504B.331, is amended to read:

504B.331 SUMMONS new text begin AND COMPLAINT new text end ; HOW SERVED.

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "plaintiff" includes the plaintiff's
attorney, employees of the plaintiff's attorney, or any other agent of the plaintiff.
new text end

new text begin Subd. 2. new text end

new text begin Generally. new text end

(a) The summons and complaint must be served at least seven days
before the date of the court appearance specified in section 504B.321, in the manner provided
for service of a summons in a civil action in district court.

new text begin (b) The plaintiff must make a good faith attempt to communicate to the defendant that
an eviction hearing has been scheduled. The communication must have a time and date
stamp, and include the date, time, and place of the hearing specified in the summons. The
communication must be delivered by means of electronic written communication that the
plaintiff regularly uses to communicate with the defendant or to the last known electronic
address the plaintiff has used to communicate with the defendant, unless the parties do not
communicate via any form of electronic written communication. The plaintiff must
substantially comply with this paragraph.
new text end

new text begin Subd. 3. new text end

new text begin Personal or substitute service. new text end

new text begin (a) If the defendant can be found in the county,
the summons and complaint must be served in the manner provided for service of a civil
action in district court.
new text end

(b) If the defendant cannot be found in the county, the summons and complaint may be
served at least seven days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.

deleted text begin (c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.
deleted text end

deleted text begin (d) Where the defendant cannot be found in the county
deleted text end

new text begin Subd. 4. new text end

new text begin Service by mail and posting. new text end

new text begin (a) If attempts at personal or substitute service
are unsuccessful new text end , service of the summons and complaint may be made upon the defendant
by deleted text begin posting the summons in a conspicuous place on the property for not less than one week
if: deleted text end new text begin mail and posting.
new text end

deleted text begin (1) the property described in the complaint is:
deleted text end

deleted text begin (i) nonresidential and no person actually occupies the property; or
deleted text end

deleted text begin (ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and
deleted text end

deleted text begin (2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit
stating that:
deleted text end

deleted text begin (i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state;
deleted text end

deleted text begin (ii) a copy of the summons has been mailed to the defendant at the defendant's last known
address if any is known to the plaintiff; or
deleted text end

deleted text begin (iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons, by at least one form of written communication the plaintiff regularly uses to
communicate with the defendant that have a date and time stamp.
deleted text end

deleted text begin (e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.
deleted text end

new text begin (b) If service by mail and posting is used, the following steps must occur no later than
seven days before the date of the court appearance specified in section 504B.321:
new text end

new text begin (1) the plaintiff must mail a copy of the summons and complaint to the defendant at the
defendant's last known address;
new text end

new text begin (2) for residential evictions only, there must be at least two attempts at personal service.
The personal service attempts must occur on different days at the last known address of the
defendant and be done in the manner provided for service of a summons and complaint in
a civil action in district court. At least one of the attempts must made between the hours of
6:00 p.m. and 10:00 p.m. Failure to serve the defendant, after the plaintiff complies with
this paragraph, is prima facie proof that attempts at personal or substitute service were
unsuccessful;
new text end

new text begin (3) the summons and complaint must be posted on the entry to the defendant's individual
unit. If the defendant occupies a multiunit building, the summons and complaint must be
posted on the door of the defendant's individual unit; and
new text end

new text begin (4) at least three days before the first appearance, the plaintiff or plaintiff's attorney must
cause to be filed with the court affidavits stating:
new text end

new text begin (i) the defendant cannot be found in the county, or that the plaintiff believes that the
defendant is not in the state;
new text end

new text begin (ii) a copy of the summons and complaint has been mailed to the defendant at the
defendant's last known address at least seven days before the date of the court appearance
specified in section 504B.321;
new text end

new text begin (iii) the date and manner by which the plaintiff attempted to communicate to the defendant
that an eviction hearing has been scheduled, including the date, time, and place of the hearing
specified in the summons and complaint, by at least one form of electronic written
communication that has a date and time stamp and that the plaintiff regularly uses to
communicate with the defendant, or that there is no such form of written communication;
new text end

new text begin (iv) if applicable, how the requirements of subdivision 3, paragraph (b), clause (2), were
met, including the dates and times of the attempts at service; and
new text end

new text begin (v) the date and time the summons and complaint were posted on the entry to the
defendant's individual unit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, for all summons and
complaints served on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2023 Supplement, section 504B.345, subdivision 1, is amended
to read:

Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.

(c) If the court or jury finds for the defendant, then the court:

(1) shall enter judgment for the defendant, tax the costs against the plaintiff, and issue
execution in favor of the defendant; and

(2) shall expunge the records relating to the action under the provisions of section 484.014
or under the court's inherent authority at the time judgment is entered or after that time upon
motion of the defendant.

(d) Except in actions brought: (1) deleted text begin under section 504B.291; (2) deleted text end under section 504B.171;
or deleted text begin (3) deleted text end new text begin (2) new text end on the basis that the residential tenant engages in behavior that seriously endangers
the safety of other residents, or intentionally and seriously damages the property of the
landlord or a tenant, the court shall stay the writ of recovery of premises and order to vacate
for a reasonable period, not to exceed seven days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024, and applies to summons
and complaints served on or after that date.
new text end

ARTICLE 2

TENANT SCREENING

Section 1.

new text begin [504B.117] INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER.
new text end

new text begin A landlord must provide on a rental application the option for a prospective tenant to
submit an individual taxpayer identification number or a Social Security number as follows:
new text end

new text begin "SSN or ITIN: new text end

new text begin . new text end

new text begin ." new text end

new text begin A landlord must not deny a rental application solely because the prospective tenant provided
an individual taxpayer identification number. Nothing in this section prevents a landlord
from denying an application if the consumer credit report attached to an individual taxpayer
identification number is insufficient.
new text end

Sec. 2.

Minnesota Statutes 2022, section 504B.173, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Denial based on pending cases. new text end

new text begin (a) No landlord may deny a rental application
based on any of the following:
new text end

new text begin (1) a pending eviction action;
new text end

new text begin (2) any court file that is not public, has been expunged, or has been destroyed; or
new text end

new text begin (3) any eviction action that has not resulted in a writ of recovery of premises and order
to vacate, as that term is defined in section 504B.001, subdivision 15.
new text end

new text begin (b) There shall be a rebuttable presumption that a landlord is in violation of this section
if it is established that the landlord:
new text end

new text begin (1) reviewed court records relating to a potential tenant and the records met the criteria
described in paragraph (a); and
new text end

new text begin (2) after reviewing the record or records, subsequently refuses to rent or offer a lease to
the potential tenant.
new text end

Sec. 3.

Minnesota Statutes 2022, section 504B.173, subdivision 4, is amended to read:

Subd. 4.

Remedies.

(a) In addition to any other remedies, a landlord who violates deleted text begin this
section deleted text end new text begin subdivisions 1 to 3 new text end is liable to the applicant for the applicant screening fee plus a
civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to
enforce this remedy. new text begin A landlord who violates subdivision 3a is liable to the applicant for
the applicant screening fee plus a civil penalty of up to $1,000, civil court filing costs, and
reasonable attorney fees incurred to enforce this remedy.
new text end

(b) A prospective tenant who provides materially false information on the application
or omits material information requested is liable to the landlord for damages, plus a civil
penalty of up to $500, civil court filing costs, and reasonable attorney fees.

Sec. 4.

Minnesota Statutes 2022, section 504B.241, subdivision 4, is amended to read:

Subd. 4.

Court file information.

new text begin (a) new text end If a residential tenant screening service includes
information from a court file on an individual in a residential tenant report, the report must
provide the full name and date of birth of the individual in any case where the court file
includes the individual's full name and date of birth, and the outcome of the court proceeding
must be accurately recorded in the residential tenant report including the specific basis of
the court's decision, when available. deleted text begin If a tenant screening service knows that a court file has
been expunged, the tenant screening service shall delete any reference to that file in any
data maintained or disseminated by the screening service.
deleted text end

new text begin (b) Every residential tenant screening service has an affirmative duty to update and
verify the current status of court files by accessing the Minnesota Court Records Online no
more than 24 hours prior to issuing a residential tenant screening report.
new text end

new text begin (c) new text end Whenever the court supplies information from a court file on an individual, in
whatever form, the court shall include the full name and date of birth of the individual, if
that is indicated on the court file or summary, and information on the outcome of the court
proceeding, including the specific basis of the court's decision, coded as provided in
subdivision 5 for the type of action, when it becomes available.

new text begin (d) new text end The residential tenant screening service is not liable under section 504B.245 if the
residential tenant screening service reports complete and accurate information as provided
by the court new text begin , consistent with paragraph (b) new text end .

Sec. 5.

Minnesota Statutes 2022, section 504B.245, is amended to read:

504B.245 TENANT REPORT; REMEDIES.

deleted text begin The remedies provided in section 8.31 apply to a violation of section 504B.241. deleted text end new text begin In
addition to the remedies otherwise provided by law, any person injured by a violation of
section 504B.241 may bring a civil action against new text end a residential tenant screening service or
landlord deleted text begin in compliance with the provisions of the Fair Credit Reporting Act, United States
Code, title 15, section 1681, et seq., is considered to be in compliance with section 504B.241. deleted text end new text begin
and recover the greater of $1,000 or actual damages, together with costs and disbursements,
including costs of investigation and reasonable attorney fees, and receive other equitable
relief as determined by the court. The attorney general has the authority to investigate and
prosecute violations of section 504B.241.
new text end

ARTICLE 3

CONSTRUCTION AND REPAIRS FOR RESIDENTIAL RENTALS

Section 1.

new text begin [504B.153] NEW CONSTRUCTION DELAYS; TENANT REMEDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition; new construction. new text end

new text begin For purposes of this section, "new
construction" means a new building, rehabilitation, modification, reconstruction, any physical
changes altering the use or occupancy of the dwelling units, or an addition to a building.
new text end

new text begin Subd. 2. new text end

new text begin Requirements if landlord cannot deliver occupancy. new text end

new text begin (a) If a landlord is
informed by a builder or otherwise knows that a new construction for rental occupancy will
not be available for occupancy by the move-in date established in the lease agreement, the
landlord must, within seven days and prior to the move-in date, notify every tenant affected
and offer the following choices to the tenant to be accepted at the tenant's option:
new text end

new text begin (1) alternative housing provided by the landlord that is reasonably equivalent in size,
amenities, and location to the unit described in the lease agreement, unless otherwise agreed
upon by the tenant, until the unit may be lawfully inhabited;
new text end

new text begin (2) payment from the landlord to the tenant, equivalent to the cost of rent established in
the lease agreement, to mitigate the costs of alternative housing secured by the tenant until
the unit described in the lease agreement may be lawfully inhabited; or
new text end

new text begin (3) termination of the lease agreement and a return to the tenant of all amounts paid to
the landlord, including any rent, deposit, and other payments incurred in entering the lease
agreement.
new text end

new text begin (b) If a tenant exercises options under paragraph (a), clause (1) or (2), the landlord must
provide the tenant with reimbursements related to security deposits, application fees, parking
fees, pet fees, and any other fees reasonably associated with securing alternative housing.
new text end

new text begin (c) Tenants exercising options under paragraph (a), clause (1) or (2), may terminate their
lease agreement under paragraph (a), clause (3), if the new construction for rental occupancy
is not available for tenant occupancy within 90 days of the move-in date established in the
lease agreement.
new text end

new text begin Subd. 3. new text end

new text begin Waiver. new text end

new text begin Any provision, whether oral or written, of any lease or other agreement,
whereby any provision of this section is waived by a tenant, is contrary to public policy and
void.
new text end

new text begin Subd. 4. new text end

new text begin Remedies. new text end

new text begin (a) A violation by the landlord of subdivision 2 is a violation of
section 504B.375. A tenant aggrieved by a violation by the landlord of subdivision 2 may
elect the following remedy:
new text end

new text begin (1) recovery under section 504B.231; or
new text end

new text begin (2) recover the greater of one month's rent, $1,000, or actual damages, plus reasonable
attorney fees and court costs.
new text end

new text begin (b) The remedies available under this section are in addition to any other remedies
available at equity or law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to all leases
entered into on or after that date.
new text end

Sec. 2.

new text begin [504B.386] TENANT RIGHT TO REPAIR TO REMEDY VIOLATION.
new text end

new text begin (a) In lieu of a rent escrow action under section 504B.381, 504B.385, or 504B.395, a
tenant may pay for the repairs in a residential rental unit after a 14-day notice and an
opportunity to repair has been provided to the landlord consistent with paragraph (b). The
tenant may subtract the cost of the repairs from the tenant's future rent.
new text end

new text begin (b) Fourteen days prior to a tenant contracting for repairs and paying for a repair to the
residential rental unit, the tenant must:
new text end

new text begin (1) provide a written notice to the landlord at the address where the tenant sends rent
provided under section 504B.181; and
new text end

new text begin (2) notify the landlord of the repair that is needed and of the tenant's intent to deduct the
cost of the repair from the tenant's rent via phone call, email, text message, or online portal,
whichever means of communication is normally used by the tenant to communicate with
the landlord.
new text end

new text begin (c) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant must provide a copy of the written notice of the code violation as provided
in section 504B.185, subdivision 2, if an inspection has occurred. If no inspection has
occurred, the tenant must provide an explanation of the repair that is needed and an estimate
to fix the repair to the landlord. The residential tenant may not make repairs until the time
granted by the inspector has expired without satisfactory repairs being made, unless the
residential tenant alleges that the time granted is excessive pursuant to section 504B.385.
The tenant must inform the landlord of the tenant's intent to use the tenant's future rent to
pay for the repairs when the notice is provided.
new text end

new text begin (d) For a violation as defined in section 504B.001, subdivision 14, clause (2) or (3), the
residential tenant must give written notice to the landlord specifying the violation. The
notice must be delivered personally or sent to the person or place where rent is normally
paid provided under section 504B.181, subdivision 1. The tenant must also notify the landlord
of the repair that is needed and of the tenant's intent to deduct the cost of the repair from
the tenant's rent via phone call, email, text message, or online portal, whichever means of
communication is normally used by the tenant to communicate with the landlord. The tenant
must inform the landlord of the tenant's intent to use future rent to pay for the repair. If the
landlord has not provided the tenant with a scheduled repair date or the violation is not
corrected within seven days, the residential tenant may contract for repairs with a professional
who is unrelated to the tenant, is trained to perform the work for which the estimate is being
prepared, and complies with all licensing, certification, or registration requirements of this
state that apply to the performance of the work. Any deductions made by a tenant under
this section are limited to an amount equal to two rent payments for two months within a
12-month period.
new text end

new text begin (e) A tenant may contract for repairs under the same process in this section for necessary
repairs in a common area of a residential building if the repair is necessary for the safety
and operation of the building for tenants.
new text end

new text begin (f) A tenant may repair or replace an appliance under this section. An appliance purchased
by the tenant is the property of the landlord when the tenant is reimbursed for the cost of
the appliance.
new text end

new text begin (g) The tenant must provide an invoice or payment receipt to the landlord when
subtracting the amount paid for repairs from the rent. The tenant may reduce the rent for
each rental payment owed until the total amount of the repair has been paid. When a
deduction of rent is not possible, a tenant shall still be reimbursed by the landlord for costs
associated with violations consistent with the provisions of this section.
new text end

new text begin (h) This remedy shall not be available to the tenant more than twice in a two-month
period.
new text end

ARTICLE 4

TENANT ORGANIZING FOR RESIDENTIAL RENTALS

Section 1.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 13a. new text end

new text begin Tenant association. new text end

new text begin "Tenant association" means a group of tenants from
two or more rental units that are owned or operated by the same landlord who form or
maintain an organization, whether incorporated or unincorporated, to improve housing
conditions, amenities, community life, or the contractual position of the member tenants.
new text end

Sec. 2.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 13b. new text end

new text begin Tenant organizer. new text end

new text begin "Tenant organizer" means a tenant or another who assists
residential tenants in establishing and operating a tenant association and is not an employee
or representative of the current or prospective landlord, property owner, manager, or agent
of the landlord.
new text end

Sec. 3.

new text begin [504B.212] TENANT RIGHT TO ORGANIZE; TENANT ASSOCIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Tenant's right to organize. new text end

new text begin (a) Residential tenants of a residential
building have the right to establish and operate a tenant association for the purpose of
addressing issues related to their living environment, which includes the terms and conditions
of their tenancy as well as activities related to housing and community development. Owners
of residential rental units and their agents must allow residential tenants and tenant organizers
to conduct activities related to the establishment or organization of a residential tenant
organization, including but not limited to:
new text end

new text begin (1) distributing information or leaflets in the common areas of the residential building,
including bulletin or community boards;
new text end

new text begin (2) distributing information or leaflets to individual units in a residential building;
new text end

new text begin (3) initiating contact with tenants through mail, telephone, or electronically;
new text end

new text begin (4) initiating contact with tenant units to offer information on tenant organizations or
survey tenants on interest in tenant associations;
new text end

new text begin (5) assisting tenants in participating in tenant association activities; and
new text end

new text begin (6) convening tenant association meetings in a space at the residential building.
new text end

new text begin (b) A tenant association using the rights provided in this chapter must adopt bylaws or
an operating agreement related to the internal governance of the tenant association.
new text end

new text begin (c) A tenant association must be completely independent of owners, management, and
their representatives. To preserve the independence of the tenant association, management
representatives from the owner of a residential tenant building may not attend meetings
unless invited by the tenant association to specific meetings to discuss a specific issue.
new text end

new text begin (d) A tenant organizer who is not a residential tenant of the landlord must be accompanied
in the residential building by a tenant who resides in the building.
new text end

new text begin (e) No landlord shall prohibit or adopt any rule prohibiting residential tenants or
nonresident tenant organizers from peacefully organizing, assembling, canvassing, leafleting,
or otherwise exercising within the building their right of free expression for noncommercial
purposes. A landlord may not require tenants and tenant organizers to obtain prior permission
to engage in protected activities. A landlord may not adopt and enforce rules that set
unreasonable limits as to time, place, and manner of the meetings or communication with
tenants in the building.
new text end

new text begin Subd. 2. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) A landlord may not increase rent, decrease services,
alter an existing rental agreement, file a legal action against a tenant, contact federal or state
law enforcement related to a tenant's immigration status, or seek to recover possession or
threaten any such action in whole or in part in retaliation after a tenant:
new text end

new text begin (1) reports a code violation to a government agency, elected official, or other government
official responsible for the enforcement of a building, housing, health, or safety code;
new text end

new text begin (2) reports a building, housing, health, or safety code violation, or a violation of this
chapter, to a community organization or the news media;
new text end

new text begin (3) seeks the assistance of a community organization or others, including but not limited
to a media or news organization, for assistance with a code violation or a violation of this
chapter;
new text end

new text begin (4) makes a request that the landlord of a residential building make repairs to the premises
as required by this chapter, or remedy a building or health code, other regulation, or uphold
portions of the residential rental agreement;
new text end

new text begin (5) joins or attempts to join a tenant association or similar organization; or
new text end

new text begin (6) testifies in any court or administrative proceeding concerning the condition of the
premises or exercised any right or remedy provided by law.
new text end

new text begin (b) In any proceeding in which retaliation is alleged, the burden of proof shall be on the
landlord, if the landlord's alleged retaliatory action was within 90 days of the tenant engaging
in any of the activities identified in this subdivision. If the challenged action began more
than 90 days after the resident engaged in the protected activity, the tenant claiming the
landlord is retaliating has the burden of proof.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin If a landlord, an agent, or other person acting under the landlord's
direction or control unlawfully and in bad faith violates this section, the tenant may recover
from the landlord up to $1,000 per occurrence and reasonable attorney fees.
new text end

ARTICLE 5

COURT REMEDIES; RESIDENTIAL RENTALS

Section 1.

Minnesota Statutes 2022, section 504B.001, subdivision 5, is amended to read:

Subd. 5.

Housing-related neighborhood organization.

"Housing-related neighborhood
organization" means a nonprofit corporation incorporated under chapter 317A that deleted text begin :
deleted text end

deleted text begin (1) designates in its articles of incorporation or bylaws a specific geographic community
to which its activities are limited; and
deleted text end

deleted text begin (2) deleted text end is formed new text begin in part new text end for the purposes of promoting deleted text begin community safety, crime prevention,
and deleted text end housing quality in a nondiscriminatory manner.

For purposes of this chapter, an action taken by a neighborhood organization with the
written permission of a residential tenant means, with respect to a building with multiple
dwelling units, an action taken by the neighborhood organization with the written permission
of new text begin one of new text end the residential tenants deleted text begin of a majority of the occupied units deleted text end .

Sec. 2.

Minnesota Statutes 2022, section 504B.001, subdivision 14, is amended to read:

Subd. 14.

Violation.

"Violation" means:

(1) a violation of any state, county or city health, safety, housing, building, fire prevention,
or housing maintenance code applicable to the building;

(2) a violation of deleted text begin any of the covenants set forth in section 504B.161, subdivision 1,
clause (1) or (2), or in section 504B.171, subdivision 1 deleted text end new text begin this chapter new text end ; deleted text begin or
deleted text end

new text begin (3) a violation of any federal, state, county, or city laws protecting tenants from
discrimination;
new text end

new text begin (4) a violation of any applicable tenant rights and landlord obligations for public and
subsidized tenancies under local, state, or federal law; or
new text end

deleted text begin (3) deleted text end new text begin (5) new text end a violation of an oral or written agreement, lease, or contract for the rental of a
dwelling in a building.

Sec. 3.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Abandonment. new text end

new text begin (a) "Abandonment of tenancy" means the intentional and
voluntary absolute relinquishment of premises by the residential tenant.
new text end

new text begin (b) "Abandonment of personal property" means a residential tenant leaving some of the
tenant's personal property on the premises after permanently vacating the property.
new text end

Sec. 4.

Minnesota Statutes 2022, section 504B.101, is amended to read:

504B.101 DISTRESS FOR RENT.

The remedy of distress for rent is abolished. new text begin The requirements of this section may not
be waived or modified by the parties to a residential lease. Any provision, whether oral or
written, of a lease or other agreement by which any provision of this section is waived by
a tenant is contrary to public policy and void. The tenant shall recover from the landlord
actual and consequential damages or $1,000, whichever is greater, and reasonable attorney
fees, for a violation of this section.
new text end

Sec. 5.

Minnesota Statutes 2022, section 504B.111, is amended to read:

504B.111 WRITTEN LEASE REQUIRED; PENALTY.

new text begin (a) new text end A landlord of a residential building with 12 or more residential units must have a
written lease for each unit rented to a residential tenant. The written lease must identify the
specific unit the residential tenant will occupy before the residential tenant signs the lease.
Notwithstanding any other state law or city ordinance to the contrary, a landlord may ask
for the tenant's full name and date of birth on the lease and application. A landlord who fails
to provide a lease, as required under this section, is guilty of a petty misdemeanor.

new text begin (b) The tenant shall recover from the landlord actual and consequential damages or $500,
whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 6.

Minnesota Statutes 2022, section 504B.115, subdivision 1, is amended to read:

Subdivision 1.

Copy of written lease to tenant.

Where there is a written lease, a landlord
must give a copy to a tenant occupying a dwelling unit whose signature appears on the lease
agreement. The landlord may obtain a signed and dated receipt, either as a separate document
or an acknowledgment included in the lease agreement itself, from the tenant acknowledging
that the tenant has received a copy of the lease. This signed receipt or acknowledgment is
prima facie evidence that the tenant has received a copy of the lease. new text begin The landlord must
provide the copy of the lease agreement within 14 days of the tenant's written request. The
tenant shall recover from the landlord actual and consequential damages or $250, whichever
is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 7.

Minnesota Statutes 2022, section 504B.116, is amended to read:

504B.116 PRORATED RENT REQUIRED.

(a) When a lease term for a residential unit ends on a date before the last day of the final
month, the amount of rent to be paid for the final month owed for the final month of rent
must be prorated at the average daily rate for that month so that the tenant only pays for the
actual number of days that occupancy is allowed. This provision applies to all leases,
including leases requiring the last month of rent to be paid in advance. Any attempted waiver
of this section by a landlord and tenant, by contract or otherwise, shall be void and
unenforceable. new text begin The tenant shall recover from the landlord actual and consequential damages
or $500, whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

(b) For purposes of this section, prorated rent must be calculated using the actual number
of calendar days for the calendar month in which the lease expires.

Sec. 8.

Minnesota Statutes 2022, section 504B.118, is amended to read:

504B.118 RECEIPT FOR RENT PAID IN CASH.

A landlord receiving rent or other payments from a tenant in cash must provide a written
receipt for payment immediately upon receipt if the payment is made in person, or within
three business days if payment in cash is not made in person. new text begin Any attempted waiver of this
section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable.
The tenant shall recover from the landlord actual and consequential damages or $250,
whichever is greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 9.

Minnesota Statutes 2022, section 504B.131, is amended to read:

504B.131 RENT LIABILITY; UNINHABITABLE BUILDINGS.

A tenant or occupant of a building that is destroyed or becomes uninhabitable or unfit
for occupancy through no fault or neglect of the tenant or occupant may vacate and surrender
such a building. A tenant or occupant may expressly agree otherwise except as prohibited
by section 504B.161. new text begin Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. The tenant shall recover from the
landlord actual and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end

Sec. 10.

Minnesota Statutes 2022, section 504B.141, is amended to read:

504B.141 URBAN REAL ESTATE; HOLDING OVER.

When a tenant of urban real estate, or any interest therein, holds over and retains
possession after expiration of the lease without the landlord's express agreement, no tenancy
for any period other than the shortest interval between the times of payment of rent under
the terms of the expired lease shall be implied. new text begin Any attempted waiver of this section by a
landlord and tenant, by contract or otherwise, shall be void and unenforceable. The tenant
shall recover from the landlord actual and consequential damages or $250, whichever is
greater, and reasonable attorney fees, for a violation of this section.
new text end

Sec. 11.

Minnesota Statutes 2022, section 504B.145, is amended to read:

504B.145 RESTRICTION ON AUTOMATIC RENEWALS OF LEASES.

new text begin Subdivision 1. new text end

new text begin Automatic renewal. new text end

Notwithstanding the provisions of any residential
lease, in order to enforce any automatic renewal clause of a lease of an original term of two
months or more which states, in effect, that the term shall be deemed renewed for a specified
additional period of time of two months or more unless the tenant gives notice to the landlord
of an intention to quit the premises at the expiration of the term due to expire, the landlord
must give notice to the tenant as provided in this section. The notice must be in writing and
direct the tenant's attention to the automatic renewal provision of the lease. the notice must
be served personally or mailed by certified mail at least 15 days, but not more than 30 days
prior to the time that the tenant is required to furnish notice of an intention to quit.

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin If the landlord does not comply with the notice requirements of this
section, the tenant may choose to terminate the lease on the last day of the lease without
further notice unless a new agreement is reached by the parties.
new text end

new text begin Subd. 3. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord actual and consequential damages or $500, whichever is greater, and
reasonable attorney fees, for a violation of this section.
new text end

Sec. 12.

Minnesota Statutes 2022, section 504B.151, subdivision 1, is amended to read:

Subdivision 1.

Limitation on lease and notice to tenant.

(a) Once a landlord has
received notice of a contract for deed cancellation under section 559.21 or notice of a
mortgage foreclosure sale under chapter 580 or 582, or summons and complaint under
chapter 581, the landlord may only enter into (i) a periodic residential lease agreement with
a term of not more than two months or the time remaining in the contract cancellation period
or the mortgagor's redemption period, whichever is less or (ii) a fixed term residential
tenancy not extending beyond the cancellation period or the landlord's period of redemption
until:

(1) the contract for deed has been reinstated or paid in full;

(2) the mortgage default has been cured and the mortgage reinstated;

(3) the mortgage has been satisfied;

(4) the property has been redeemed from a foreclosure sale; or

(5) a receiver has been appointed.

(b) Before entering into a lease under this section and accepting any rent or security
deposit from a tenant, the landlord must notify the prospective tenant in writing that the
landlord has received notice of a contract for deed cancellation or notice of a mortgage
foreclosure sale as appropriate, and the date on which the contract cancellation period or
the mortgagor's redemption period ends.

(c) This section does not apply to a manufactured home park as defined in section
327C.015, subdivision 8.

(d) deleted text begin A landlord who violates the requirements in this subdivision is liable to the lessee
for a civil penalty of $500 deleted text end new text begin Any attempted waiver of this section by a landlord and tenant,
by contract or otherwise, shall be void and unenforceable. The tenant shall recover from
the landlord actual and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section new text end , unless the landlord falls under the exception in
subdivision 2. The remedy provided under this paragraph is in addition to and shall not limit
other rights or remedies available to landlords and tenants.

Sec. 13.

new text begin [504B.153] TENANT ABANDONMENT OF DWELLING.
new text end

new text begin Subdivision 1. new text end

new text begin Abandonment. new text end

new text begin (a) If a residential tenant abandons a dwelling unit during
the lease term, the landlord shall make reasonable efforts to rent it at a fair rental value. If
the landlord rents the dwelling unit for a term beginning before the expiration of the rental
agreement, the agreement is terminated on the date the new tenancy begins. The rental
agreement is terminated by the landlord on the date the landlord has notice of the
abandonment if the landlord fails to use reasonable efforts to rent the dwelling unit at a fair
rental value or if the landlord accepts the abandonment as a surrender. The tenant shall not
be liable for rent after the termination of the tenancy.
new text end

new text begin (b) If the rental agreement was for a periodic tenancy or tenancy at will, the maximum
rent liability for the tenant is the notice period required to end the lease from the date the
landlord has notice of the abandonment.
new text end

new text begin Subd. 2. new text end

new text begin Waiver prohibited. new text end

new text begin Any waiver of the rights provided by this section shall be
void and unenforceable.
new text end

Sec. 14.

Minnesota Statutes 2023 Supplement, section 504B.161, subdivision 1, is amended
to read:

Subdivision 1.

Requirements.

deleted text begin (a) deleted text end In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use new text begin as advertised or promised
by the landlord or licensor, or otherwise new text end intended by the parties;

(2) to keep the premises new text begin and all common areas new text end in reasonable repair during the term of
the lease or license, new text begin including services and conditions listed in section 504B.381, subdivision
1, and extermination of insects, rodents, vermin, or other pests on the premises, new text end except when
the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant
or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises new text begin and all common areas new text end reasonably energy efficient by installing
weatherstripping, caulking, storm windows, and storm doors when any such measure will
result in energy procurement cost savings, based on current and projected average residential
energy costs in Minnesota, that will exceed the cost of implementing that measure, including
interest, amortized over the ten-year period following the incurring of the cost;

(4) to maintain the premises new text begin and all common areas new text end in compliance with the applicable
health and safety laws of new text begin the United States, of new text end the state, and of the local units of government new text begin ,
including ordinances regulating rental licensing, new text end where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licensee; and

(5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
October 1 through April 30, unless a utility company requires and instructs the heat to be
reduced.

deleted text begin (b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.
deleted text end

Sec. 15.

Minnesota Statutes 2022, section 504B.161, subdivision 2, is amended to read:

Subd. 2.

Tenant maintenance.

The landlord or licensor may agree with the tenant or
licensee that the tenant or licensee is to perform specified repairs or maintenance, new text begin including
snow removal and maintenance of the lawn and premises, new text end but only if the agreement is
supported by adequate consideration and new text begin the consideration is specifically new text end set forth in a
conspicuous writing. No such agreement, however, may waive the provisions of subdivision
1 or relieve the landlord or licensor of the duty to maintain common areas of the premises.

Sec. 16.

Minnesota Statutes 2022, section 504B.161, subdivision 4, is amended to read:

Subd. 4.

Covenants are in addition.

The covenants contained in this section are in
addition to any covenants or conditions imposed by law or ordinance or by the terms of the
lease or license new text begin and do not limit other rights or remedies which may be available to the
residential tenant and landlord new text end .

Sec. 17.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Remedies. new text end

new text begin If a landlord is in violation of this section, the tenant shall be entitled
to:
new text end

new text begin (1) actual and consequential damages, based on rent abatement for impairment of use
and enjoyment of the property for the period of the violation under section 541.05,
subdivision 1, and consequential damages, or $500, whichever is greater;
new text end

new text begin (2) in the case of a residential building or residential unit that has been condemned for
city or county housing code or rental licensing violations, actual and consequential damages,
based on the total rent for the period of the violation under section 541.05, subdivision 1,
and consequential damages, or $500, whichever is greater;
new text end

new text begin (3) in the case of violation of subdivision 2, actual and consequential damages, based
on adequate consideration for services performed by the tenant for the period of the violation
under section 541.05, subdivision 1, and consequential damages, or $500, whichever is
greater;
new text end

new text begin (4) actual and consequential damages or $500, whichever is greater, and reasonable
attorney fees, for a violation of this section;
new text end

new text begin (5) correction of violations by the landlord;
new text end

new text begin (6) at the tenant's option, full rescission of the lease and recovery of any damage deposit,
less any amount retained under section 504B.178;
new text end

new text begin (7) costs, disbursements, and reasonable attorney fees related to enforcement of this
section; and
new text end

new text begin (8) at the tenant's option, collection of awards under this subdivision as a credit against
current and future rents from the landlord.
new text end

Sec. 18.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Enforcement. new text end

new text begin A residential tenant may enforce the provisions of this section
in actions under sections 504B.281 to 504B.371, 504B.381, 504B.385, and 504B.395 to
504B.471, and other civil actions.
new text end

Sec. 19.

Minnesota Statutes 2022, section 504B.161, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable.
new text end

Sec. 20.

Minnesota Statutes 2022, section 504B.175, subdivision 4, is amended to read:

Subd. 4.

Remedies.

deleted text begin In addition to any other remedies, a landlord who violates this section
is liable to the payor of the prelease deposit for the amount of the deposit paid, plus one-half
of that amount as a penalty. A landlord who enters into a rental agreement with a tenant is
not liable under this section unless the landlord failed to comply with subdivision 3. deleted text end new text begin Any
attempted waiver of this section by a landlord and tenant, by contract or otherwise, shall be
void and unenforceable. The tenant shall recover from the landlord actual and consequential
damages or $1,000, whichever is greater, and reasonable attorney fees, for a violation of
this section, and, at the tenant's option, full rescission of the lease and recovery of any
damage deposit less any amount retained under section 504B.178.
new text end

Sec. 21.

Minnesota Statutes 2022, section 504B.178, subdivision 7, is amended to read:

Subd. 7.

Bad faith retention.

The bad faith retention by a landlord of a deposit, the
interest thereon, or any portion thereof, in violation of this section shall subject the landlord
to punitive damages not to exceed deleted text begin $500 deleted text end new text begin $750 new text end for each deposit in addition to the damages
provided in subdivision 4 new text begin and reasonable attorney fees new text end . If the landlord has failed to comply
with the provisions of subdivision 3 or 5, retention of a deposit shall be presumed to be in
bad faith unless the landlord returns the deposit within two weeks after the commencement
of any action for the recovery of the deposit.

Sec. 22.

Minnesota Statutes 2022, section 504B.181, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Waiver prohibited. new text end

new text begin Any attempted waiver of this section by a landlord and
tenant, by contract or otherwise, shall be void and unenforceable. The tenant shall recover
from the landlord actual and consequential damages or $500, whichever is greater, and
reasonable attorney fees, for a violation of this section.
new text end

Sec. 23.

Minnesota Statutes 2022, section 504B.185, subdivision 2, is amended to read:

Subd. 2.

Notice.

(a) After the local authority has inspected the residential building under
subdivision 1, the inspector shall inform the landlord or the landlord's agent and the
residential tenant or housing-related neighborhood organization in writing of any code
violations discovered new text begin and a reasonable deadline for correcting violations new text end .

(b) deleted text begin A reasonable period of time must be allowed in which to deleted text end new text begin The landlord shall new text end correct
the violations new text begin by the deadline given by the local authority new text end .

Sec. 24.

Minnesota Statutes 2022, section 504B.185, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin Any attempted waiver of this section by a landlord and tenant, by
contract or otherwise, shall be void and unenforceable. The tenant shall recover from the
landlord actual and consequential damages or $1,000, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end

Sec. 25.

Minnesota Statutes 2022, section 504B.195, subdivision 1, is amended to read:

Subdivision 1.

Disclosure to tenant.

deleted text begin (a) Except as provided in subdivision 3, deleted text end A landlord,
agent, or person acting under the landlord's direction or control shall provide a copy of all
deleted text begin outstanding deleted text end inspection orders deleted text begin for which a citation has been issued, deleted text end new text begin issued in the previous
12 months new text end pertaining to a rental unit or common area, specifying code violations issued
under section 504B.185, that the housing inspector identifies as requiring notice deleted text begin because
the violations threaten the health or safety of the tenant deleted text end new text begin , all notices of rental license denials,
violations, suspensions, and terminations new text end , and all outstanding condemnation orders and
declarations that the premises are unfit for human habitation to:

(1) a tenant, either by delivery or by United States mail, postage prepaid, within 72 hours
after issuance of the citation;

(2) a person before signing a lease or paying rent or a security deposit to begin a new
tenancy; and

(3) a person prior to obtaining new ownership of the property subject to the order or
declaration. The housing inspector shall indicate on the inspection order whether the violation
threatens the health or safety of a tenant or prospective tenant.

deleted text begin (b) If an inspection order, for which a citation has been issued, does not involve code
violations that threaten the health or safety of the tenants, the landlord, agent, or person
acting under the landlord's control shall post a summary of the inspection order in a
conspicuous place in each building affected by the inspection order, along with a notice
that the inspection order will be made available by the landlord for review, upon a request
of a tenant or prospective tenant. The landlord shall provide a copy of the inspection order
for review by a tenant or a prospective tenant as required under this subdivision.
deleted text end

Sec. 26.

Minnesota Statutes 2022, section 504B.195, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Damages. new text end

new text begin The tenant shall recover from the landlord actual and consequential
damages or $1,000, whichever is greater, and reasonable attorney fees, for a violation of
this section.
new text end

Sec. 27.

Minnesota Statutes 2022, section 504B.195, subdivision 5, is amended to read:

Subd. 5.

Remedies additional.

The remedies provided in this section are in addition to
and shall not limit other rights or remedies available to landlords and tenants. Any provision,
whether oral or written, of any lease or other agreement, whereby any provision of this
section is waived by a tenant, is contrary to public policy and void. new text begin A violation of this section
violates section 504B.161.
new text end

Sec. 28.

Minnesota Statutes 2022, section 504B.204, is amended to read:

504B.204 ACTION FOR RENTAL OF CONDEMNED RESIDENTIAL PREMISES.

(a) A landlord, agent, or person acting under the landlord's direction or control may not
accept rent or a security deposit for residential rental property from a tenant after the leased
premises have been new text begin (1) new text end condemned or declared unfit for human habitation new text begin , (2) ordered to
be vacated due to violations of a housing, health, or fire code or rental licensing ordinance new text end
by the applicable new text begin federal, new text end state new text begin , new text end or local authority deleted text begin , if the tenancy commenced after the
premises were condemned or declared unfit for human habitation deleted text end new text begin , or (3) ordered to be
vacated pursuant to a government taking new text end . If a landlord, agent, or a person acting under the
landlord's direction or control violates this section, the landlord is liable to the tenant for
actual damages and an amount equal to three times the amount of all money collected from
the tenant after date of condemnation or declaration, plus costs and attorney fees. new text begin A violation
of this section violates section 504B.161. This section shall be liberally construed for the
protection of tenants.
new text end

(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void.

Sec. 29.

Minnesota Statutes 2022, section 504B.205, subdivision 5, is amended to read:

Subd. 5.

Residential tenant remedies.

deleted text begin A residential tenant may bring a civil action for
a violation of this section and recover from the landlord $250 or actual damages, whichever
is greater, and reasonable attorney's fees. deleted text end new text begin The tenant shall recover from the landlord actual
and consequential damages or $1,000, whichever is greater, and reasonable attorney fees,
for a violation of this section. A violation of this section violates section 504B.161. This
section shall be liberally construed for the protection of tenants.
new text end

Sec. 30.

Minnesota Statutes 2022, section 504B.231, is amended to read:

504B.231 DAMAGES FOR OUSTER.

(a) If a landlord, an agent, or other person acting under the landlord's direction or control
unlawfully and in bad faith removes, excludes, or forcibly keeps out a tenant from residential
premises, the tenant deleted text begin may deleted text end new text begin shall new text end recover from the landlord new text begin actual and consequential damages,
the greater of new text end treble new text begin , actual, and consequential new text end damages or deleted text begin $500, whichever is greater, deleted text end new text begin
$1,000, new text end and reasonable deleted text begin attorney's deleted text end new text begin attorney new text end fees new text begin , and at the tenant's option, full rescission of
the lease and recovery of any damage deposit less any amount retained under section
504B.178 new text end . new text begin A landlord may not charge or collect rent for a month where the landlord has
violated this section. A violation of this section by the landlord is a violation of section
504B.161.
new text end

(b) The remedies provided in this section are in addition to and shall not limit other
rights or remedies available to landlords and tenants. Any provision, whether oral or written,
of any lease or other agreement, whereby any provision of this section is waived by a tenant,
is contrary to public policy and void. The provisions of this section also apply to occupants
and owners of residential real property which is the subject of a mortgage foreclosure or
contract for deed cancellation and as to which the period for redemption or reinstatement
of the contract has expired. new text begin This section shall be liberally construed for the protection of
tenants.
new text end

Sec. 31.

Minnesota Statutes 2022, section 504B.265, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Remedies. new text end

new text begin The personal representative of the tenant's estate shall recover from
the landlord actual and consequential damages or $500, whichever is greater, and reasonable
attorney fees, for a violation of this section.
new text end

Sec. 32.

Minnesota Statutes 2022, section 504B.271, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Landlord's punitive deleted text end Damages.

If a landlord, an agent, or other person acting
under the landlord's direction or control, in possession of a tenant's personal property, fails
to allow the tenant to retake possession of the property within 24 hours after written demand
by the tenant or the tenant's duly authorized representative or within 48 hours, exclusive of
weekends and holidays, after written demand by the tenant or a duly authorized representative
when the landlord, the landlord's agent or person acting under the landlord's direction or
control has removed and stored the personal property in accordance with subdivision 1 in
a location other than the premises, the tenant shall recover from the landlord deleted text begin punitive
damages in an amount not to exceed twice the actual damages or $1,000, whichever is
greater deleted text end , in addition to actual damages new text begin , actual and consequential damages or $1,000, whichever
is greater, new text end and reasonable deleted text begin attorney's deleted text end new text begin attorney new text end fees.

In determining the amount of punitive damages the court shall consider (1) the nature
and value of the property; (2) the effect the deprivation of the property has had on the tenant;
(3) if the landlord, an agent, or other person acting under the landlord's direction or control
unlawfully took possession of the tenant's property; and (4) if the landlord, an agent, or
other person under the landlord's direction or control acted in bad faith in failing to allow
the tenant to retake possession of the property.

The provisions of this subdivision do not apply to personal property which has been
sold or otherwise disposed of by the landlord in accordance with subdivision 1, or to landlords
who are housing authorities, created, or authorized to be created by sections 469.001 to
469.047, and their agents and employees, in possession of a tenant's personal property,
except that housing authorities must allow the tenant to retake possession of the property
in accordance with this subdivision.

Sec. 33.

new text begin [504B.276] LIMITATION ON CLAIM PRECLUSION.
new text end

new text begin A failure by a tenant to litigate an available claim or defense in any proceeding under
sections 504B.281 to 504B.471 does not preclude the tenant from raising or litigating that
claim or a claim arising out of the same transaction or occurrence in a separate proceeding.
new text end

Sec. 34.

Minnesota Statutes 2022, section 504B.285, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Damages. new text end

new text begin The tenant shall recover from the landlord actual and consequential
damages or $1,000, whichever is greater, and reasonable attorney fees, for a violation of
subdivisions 2 and 3.
new text end

Sec. 35.

Minnesota Statutes 2022, section 504B.315, is amended to read:

504B.315 RESTRICTIONS ON EVICTION DUE TO FAMILIAL STATUS.

(a) As used in this section, "familial status" has the meaning given it in section 363A.03,
subdivision 18.

(b) No residential tenant of residential premises may be evicted, denied a continuing
tenancy, or denied a renewal of a lease on the basis of familial status commenced during
the tenancy unless one year has elapsed from the commencement of the familial status and
the landlord has given the tenant six months prior notice in writing, except in case of
nonpayment of rent, damage to the premises, disturbance of other tenants, or other new text begin material
new text end breach of the lease.

new text begin (c) The tenant shall recover from the landlord actual and consequential damages or
$1,000, whichever is greater, and reasonable attorney fees, for a violation of this section.
The remedy provided under this section is in addition to and shall not limit other rights or
remedies available to tenants. new text end Any provision, whether oral or written, of any lease or other
agreement, whereby any provision of this section is waived by a tenant, is contrary to public
policy and void.

Sec. 36.

Minnesota Statutes 2023 Supplement, section 504B.375, subdivision 1, is amended
to read:

Subdivision 1.

Unlawful exclusion or removal.

(a) This section applies to actual or
constructive removal or exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locks. A residential tenant to whom this
section applies may recover possession of the premises as described in paragraphs (b) to
(e).

(b) The residential tenant shall present a verified petition to the district court of the
judicial district of the county in which the premises are located that:

(1) describes the premises and the landlord;

(2) specifically states the facts and grounds that demonstrate that the exclusion or removal
was unlawful, including a statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the landlord and against the
residential tenant and executed in accordance with section 504B.365; and

(3) asks for possession.

(c) If it clearly appears from the specific grounds and facts stated in the verified petition
or by separate affidavit of the residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall immediately order that the
residential tenant have possession of the premises.

(d) The residential tenant shall furnish security, if any, that the court finds is appropriate
under the circumstances for payment of all costs and damages the landlord may sustain if
the order is subsequently found to have been obtained wrongfully. In determining the
appropriateness of security, the court shall consider the residential tenant's ability to afford
monetary security.

(e) The court shall direct the order to the sheriff of the county in which the premises are
located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises. If the landlord, the landlord's agent, or other person in control of the premises
cannot be found and if there is no person in charge, the officer shall immediately enter into
and place the residential tenant in possession of the premises. The officer shall also serve
the order and verified petition or affidavit immediately upon the landlord or agent, in the
same manner as a summons is required to be served in a civil action in district court.

(f) The court administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.

new text begin (g) Any attempted waiver of this section by a landlord and tenant, by contract or
otherwise, shall be void and unenforceable.
new text end

Sec. 37.

Minnesota Statutes 2022, section 504B.391, subdivision 1, is amended to read:

Subdivision 1.

Noncompliance; fines new text begin and damages new text end .

If the court finds that a landlord
has willfully failed to comply with a court order to remedy a violation, the court shall fine
the landlord new text begin and award damages to the tenant new text end according to the following schedule:

(1) $250 new text begin fine and $250 in damages new text end for the first failure to comply;

(2) $500 new text begin fine and $500 in damages new text end for the second failure to comply with an order
regarding the same violation; and

(3) deleted text begin $750 deleted text end new text begin $1,000 fine and $1,000 in damages new text end for the third and each subsequent failure
to comply with an order regarding the same violation.

Sec. 38.

Minnesota Statutes 2022, section 504B.395, subdivision 1, is amended to read:

Subdivision 1.

Who may bring action.

An action may be brought in district court by:

(1) a residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, is alleged to exist;

(2) any housing-related neighborhood organization with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, deleted text begin clause (1) or (2), deleted text end is alleged to exist;

(3) a housing-related neighborhood organization that has within its geographical area
an unoccupied residential building in which a violation, as defined in section 504B.001,
subdivision 14, deleted text begin clause (1) or (2), deleted text end is alleged to exist; or

(4) a state, county, or local department or authority, charged with the enforcement of
codes relating to health, housing, or building maintenance.

Sec. 39.

Minnesota Statutes 2022, section 504B.395, subdivision 4, is amended to read:

Subd. 4.

Landlord must be informed.

A landlord must be informed in writing of an
alleged violation at least 14 days before an action is brought by:

(1) a residential tenant of a residential building in which a violation as defined in section
504B.001, subdivision 14, deleted text begin clause (2) or (3) deleted text end new text begin clauses (2) to (5) new text end , is alleged to exist; or

(2) a housing-related neighborhood organization, with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, deleted text begin clause (2) deleted text end new text begin clauses (2) to (5) new text end , is alleged to exist. The notice
requirement may be waived if the court finds that the landlord cannot be located despite
diligent efforts.

ARTICLE 6

DISCRIMINATION POLICY

Section 1.

new text begin [504B.505] DISCRIMINATION; HOUSING ASSISTANCE.
new text end

new text begin (a) A landlord must not discriminate against a tenant based on the tenant's use of federal,
state, or local government rental assistance; a housing choice voucher program; or another
form of public assistance that helps a tenant pay rent. A landlord must not deny a tenant or
prospective tenant a viewing or application for a rental unit, deny them the opportunity to
rent a unit, or discriminate against a tenant or prospective tenant who uses rental assistance
or a housing choice voucher. A landlord cannot advertise that they will not rent to a tenant
who uses rental assistance or a housing choice voucher program.
new text end

new text begin (b) A violation of this section is an unfair discriminatory practice under section 363A.09,
and an individual has all the rights and remedies available under chapter 363A for
discrimination that occurs in violation of this section.
new text end