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Capital IconMinnesota Legislature

HF 82

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/18/2020 05:27pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to housing; providing assistance to residential and commercial tenants in
areas of civil unrest.

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

Section 1. new text beginCOMMERCIAL AND RESIDENTIAL LEASE ASSISTANCE;
PEACETIME EMERGENCY.
new text end

new text begin (a) A renewed or new commercial or residential lease must not require a rental amount
that is more than the amount of rent charged for the residential or commercial property on
or immediately before March 1, 2020, for entities that receive or are eligible to receive state
funding related to the civil unrest, including incumbent entities that are recipients of entity
grants or loans through the civil unrest immediate relief program or a person eligible for an
award determined by the emergency assistance special master panel in areas affected by
civil unrest during the peacetime emergency declared in Executive Order 20-64. To calculate
the amount of rent charged prior to March 1, 2020, the landlord may use either an average
of monthly rent charged for January, February, and March 2020, or, if rent was charged on
an annual basis, the last annual rent paid by the residential or commercial tenant prior to
March 1, 2020. A lessor of a commercial or residential property affected by this section
may increase rent on April 1 of each year in an amount equal to the percentage provided
by the commissioner of the Housing Finance Agency consistent with paragraph (b).
new text end

new text begin (b) By February 1 of each year, the commissioner of the Housing Finance Agency must
determine the percentage change in the Consumer Price Index for all urban consumers
(CPI-U) during the 12-month period ending in November of the previous year and publish
that percentage on the Housing Finance Agency website and make that information available
upon request.
new text end

new text begin (c) A residential tenant may file an action against a landlord under Minnesota Statutes,
section 504B.381, and if the court finds a violation of this section has occurred, the court
must order equitable and monetary damages, if any, to the tenant. A residential tenant has
an affirmative defense to an action brought under Minnesota Statutes, section 504B.285 or
504B.291, if the landlord for the residential property has violated this section. In a tenant
action to enforce this section under Minnesota Statutes, section 504B.381, or in an action
brought by a commercial lessee to enforce this section, the court shall award a prevailing
commercial or residential tenant reasonable attorney fees and costs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020, and applies to leases signed
or renewed on or after that date, and expires April 1, 2024.
new text end