HF 686

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to domestic abuse; prohibiting landlords from 
  1.3             including lease provisions that penalize tenants for 
  1.4             seeking police or emergency assistance for domestic 
  1.5             abuse; superseding inconsistent local regulation; 
  1.6             authorizing the attorney general to investigate and 
  1.7             prosecute violations; providing civil penalties; 
  1.8             amending Minnesota Statutes 1996, section 8.31, 
  1.9             subdivisions 1 and 2; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 504. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 8.31, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [INVESTIGATE OFFENSES AGAINST THE 
  1.15  PROVISIONS OF CERTAIN DESIGNATED SECTIONS; ASSIST IN 
  1.16  ENFORCEMENT.] The attorney general shall investigate violations 
  1.17  of the law of this state respecting unfair, discriminatory, and 
  1.18  other unlawful practices in business, commerce, or trade, or 
  1.19  housing, and specifically, but not exclusively, the nonprofit 
  1.20  corporation act (sections 317A.001 to 317A.909), the act against 
  1.21  unfair discrimination and competition (sections 325D.01 to 
  1.22  325D.07), the unlawful trade practices act (sections 325D.09 to 
  1.23  325D.16), the antitrust act (sections 325D.49 to 325D.66), 
  1.24  section 325F.67 and other laws against false or fraudulent 
  1.25  advertising, the antidiscrimination acts contained in section 
  1.26  325D.67, the act against monopolization of food products 
  1.27  (section 325D.68), the act regulating telephone advertising 
  1.28  services (section 325E.39), the prevention of consumer fraud act 
  2.1   (sections 325F.68 to 325F.70), and chapter 53A regulating 
  2.2   currency exchanges, and section 504.215 relating to a tenant's 
  2.3   right to seek police and emergency assistance and assist in the 
  2.4   enforcement of those laws as in this section provided. 
  2.5      Sec. 2.  Minnesota Statutes 1996, section 8.31, subdivision 
  2.6   2, is amended to read: 
  2.7      Subd. 2.  [ATTORNEY GENERAL TO ASSIST IN DISCOVERY AND 
  2.8   PUNISHMENT OF ILLEGAL PRACTICES.] When the attorney general has 
  2.9   information providing a reasonable ground to believe that any 
  2.10  person has violated, or is about to violate, any of the laws of 
  2.11  this state referred to in subdivision 1, the attorney general 
  2.12  shall have power to investigate those violations, or suspected 
  2.13  violations, and to take such steps as are necessary to cause the 
  2.14  arrest and prosecution of all persons violating any of the 
  2.15  statutes specifically mentioned in subdivision 1 or any other 
  2.16  laws respecting unfair, discriminatory, or other unlawful 
  2.17  practices in business, commerce, or trade, or housing.  In 
  2.18  connection with investigation under this section the attorney 
  2.19  general upon specifying the nature of the violation or suspected 
  2.20  violation may obtain discovery from any person regarding any 
  2.21  matter, fact or circumstance, not privileged, which is relevant 
  2.22  to the subject matter involved in the pending investigation, in 
  2.23  accordance with the provisions of this subdivision.  The 
  2.24  discovery may be obtained without commencement of a civil action 
  2.25  and without leave of court, except as expressly required by the 
  2.26  provisions of subdivision 2a.  The applicable protective 
  2.27  provisions of rules 26.02, 26.03, and 30.04 of the rules of 
  2.28  civil procedure for the district courts shall apply to any 
  2.29  discovery procedures instituted pursuant to this section.  The 
  2.30  attorney general or any person to whom discovery is directed may 
  2.31  apply to and obtain leave of the district court in order to 
  2.32  reduce or extend the time requirements of this subdivision, and 
  2.33  upon a showing of good cause the district court shall order such 
  2.34  a reduction or extension.  In order to obtain discovery, the 
  2.35  attorney general may: 
  2.36     (a) Serve written interrogatories on any person.  Within 20 
  3.1   days after service of interrogatories, separate written answers 
  3.2   and objections to each interrogatory shall be mailed to the 
  3.3   attorney general.  
  3.4      (b) Upon reasonable written notice of no less than 15 days, 
  3.5   require any person to produce for inspection and copying any 
  3.6   documents, papers, books, accounts, letters, photographs, 
  3.7   objects, or tangible things which are in the possession, 
  3.8   custody, or control of that person.  
  3.9      (c) Upon reasonable written notice of no less than 15 days, 
  3.10  take the testimony of any person by deposition as to any fact or 
  3.11  opinion relevant to the subject matter involved in the pending 
  3.12  investigation.  
  3.13     For the purposes of this subdivision the term "person" has 
  3.14  the meaning specified in section 325F.68.  
  3.15     Sec. 3.  [504.215] [TENANT'S RIGHT TO SEEK POLICE AND 
  3.16  EMERGENCY ASSISTANCE.] 
  3.17     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  3.18  subdivision apply to this section. 
  3.19     (b) "Landlord" means the owner as defined in section 
  3.20  566.18, subdivision 3, the owner's agent, or a person acting 
  3.21  under the owner's direction and control. 
  3.22     (c) "Tenant" has the meaning given in section 566.18, 
  3.23  subdivision 2. 
  3.24     (d) "Domestic abuse" has the meaning given in section 
  3.25  518B.01, subdivision 2. 
  3.26     Subd. 2.  [EMERGENCY CALLS PERMITTED.] (a) A landlord may 
  3.27  not include a provision in a lease that: 
  3.28     (1) bars or limits a tenant's right to call for police or 
  3.29  emergency assistance to deal with domestic abuse; or 
  3.30     (2) imposes a penalty on a tenant for calling for police or 
  3.31  emergency assistance to deal with domestic abuse.  
  3.32     (b) A tenant may not waive and a landlord may not require, 
  3.33  as a condition of entering into or maintaining the lease, the 
  3.34  tenant to waive the tenant's right to call for police or 
  3.35  emergency assistance in dealing with domestic abuse. 
  3.36     (c) The legislature preempts all authority of a statutory 
  4.1   or home rule charter city including a city of the first class, 
  4.2   county, town, municipal corporation, or other governmental 
  4.3   subdivision or any of their instrumentalities, to enact law 
  4.4   inconsistent with this section.  Local law inconsistent with 
  4.5   this section is void. 
  4.6      Subd. 3. [PENALTY.] If a landlord violates subdivision 2, a 
  4.7   tenant may bring a civil action and recover damages, together 
  4.8   with costs and disbursements, including costs of investigation 
  4.9   and reasonable attorney's fees, and receive other equitable 
  4.10  relief as determined by the court.  The court also may order any 
  4.11  of the following as penalties for the landlord's conduct:  a 
  4.12  rent reduction up to full rescission of the lease; recovery of 
  4.13  any damage deposit as provided by section 504.20; and a $100 
  4.14  civil penalty. 
  4.15     Subd. 4.  [ATTORNEY GENERAL AUTHORITY.] The attorney 
  4.16  general has authority under section 8.31 to investigate and 
  4.17  prosecute violations of this section. 
  4.18     Sec. 4.  [EFFECTIVE DATE.] 
  4.19     Sections 1 to 3 are effective the day following final 
  4.20  enactment and apply to all leases entered into, modified, or 
  4.21  renewed on or after that date.