HF 686

3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to landlord and tenant; prohibiting landlords 
  1.3             from penalizing tenants solely for seeking police or 
  1.4             emergency assistance; superseding inconsistent local 
  1.5             regulation; authorizing the attorney general to 
  1.6             investigate and prosecute violations; providing civil 
  1.7             penalties; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 504. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [504.215] [TENANT'S RIGHT TO SEEK POLICE AND 
  1.11  EMERGENCY ASSISTANCE.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.13  subdivision apply to this section. 
  1.14     (b) "Domestic abuse" has the meaning given in section 
  1.15  518B.01, subdivision 2. 
  1.16     (c) "Landlord" means the owner as defined in section 
  1.17  566.18, subdivision 3, the owner's agent, or a person acting 
  1.18  under the owner's direction and control. 
  1.19     (d) "Tenant" has the meaning given in section 566.18, 
  1.20  subdivision 2. 
  1.21     Subd. 2.  [EMERGENCY CALLS PERMITTED.] (a) A landlord may 
  1.22  not: 
  1.23     (1) bar or limit a tenant's right to call for police or 
  1.24  emergency assistance in response to domestic abuse or any other 
  1.25  conduct; or 
  1.26     (2) impose a penalty on a tenant for calling for police or 
  1.27  emergency assistance in response to domestic abuse or any other 
  2.1   conduct. 
  2.2      (b) A tenant may not waive and a landlord may not require 
  2.3   the tenant to waive the tenant's right to call for police or 
  2.4   emergency assistance. 
  2.5      Subd. 3.  [LOCAL PREEMPTION.] This section preempts any 
  2.6   inconsistent local ordinance or rule including, without 
  2.7   limitation, any ordinance or rule that: 
  2.8      (1) requires an eviction after a specified number of calls 
  2.9   by a tenant for police or emergency assistance in response to 
  2.10  domestic abuse or any other conduct; or 
  2.11     (2) provides that calls by a tenant for police or emergency 
  2.12  assistance in response to domestic abuse or any other conduct 
  2.13  may be used to penalize or charge a fee to a landlord. 
  2.14     This subdivision shall not otherwise preempt any local 
  2.15  ordinance or rule that penalizes a landlord for, or requires a 
  2.16  landlord to abate, conduct on the premises that constitutes a 
  2.17  nuisance or other disorderly conduct as defined by local 
  2.18  ordinance or rule. 
  2.19     Subd. 4.  [TENANT RESPONSIBILITY.] This section shall not 
  2.20  be construed to condone or permit any breach of a lease or of 
  2.21  law by a tenant including, but not limited to, disturbing the 
  2.22  peace and quiet of other tenants, damage to property, and 
  2.23  disorderly conduct. 
  2.24     Subd. 5.  [TENANT REMEDIES.] A tenant may bring a civil 
  2.25  action for a violation of this section and recover from the 
  2.26  landlord $250 or actual damages, whichever is greater, and 
  2.27  reasonable attorney's fees. 
  2.28     Subd. 6.  [ATTORNEY GENERAL AUTHORITY.] The attorney 
  2.29  general has authority under section 8.31 to investigate and 
  2.30  prosecute violations of this section. 
  2.31     Sec. 2.  [EFFECTIVE DATE.] 
  2.32     Section 1 is effective July 1, 1997, and applies to all 
  2.33  leases entered into, modified, or renewed on or after that 
  2.34  date.  A provision in a current lease in conflict with section 1 
  2.35  is unenforceable on and after that effective date.