SF 323

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to housing; clarifying provisions relating to 
  1.3             retaliatory conduct and manufactured home parks; 
  1.4             amending Minnesota Statutes 1994, section 327C.12. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 327C.12, is 
  1.7   amended to read: 
  1.8      327C.12 [RETALIATORY CONDUCT PROHIBITED.] 
  1.9      A park owner may not increase rent, decrease services, 
  1.10  alter an existing rental agreement or seek to recover possession 
  1.11  or threaten such action in whole or in part as a penalty for a 
  1.12  resident's:  
  1.13     (a) good faith complaint to the park owner or to a 
  1.14  government agency or official; 
  1.15     (b) good faith attempt to exercise rights or remedies 
  1.16  pursuant to state or federal law; or 
  1.17     (c) joining and participating in the activities of a 
  1.18  resident association as defined under section 327C.01, 
  1.19  subdivision 9a. 
  1.20     In any proceeding in which retaliatory conduct is alleged, 
  1.21  the burden of proving otherwise shall be on the park owner if 
  1.22  the owner's challenged action began within 90 days after the 
  1.23  resident engaged in any of the activities protected by this 
  1.24  section identified in clause (a), (b), or (c).  If the 
  1.25  challenged action began more than 90 days after the resident 
  2.1   engaged in the protected activity, the party claiming 
  2.2   retaliation must make a prima facie case.  The park owner must 
  2.3   then prove otherwise; or 
  2.4      (c) joining and participating in the activities of a 
  2.5   resident association as defined under section 327C.01, 
  2.6   subdivision 9a.