2nd 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) "Landlord" means the owner as defined in section 1.15 566.18, subdivision 3, the owner's agent, or a person acting 1.16 under the owner's direction and control. 1.17 (c) "Tenant" has the meaning given in section 566.18, 1.18 subdivision 2. 1.19 Subd. 2. [EMERGENCY CALLS PERMITTED.] (a) A landlord may 1.20 not: 1.21 (1) bar or limit a tenant's right to call for police or 1.22 emergency assistance; or 1.23 (2) impose a penalty, including eviction, on a tenant for 1.24 calling for police or emergency assistance. 1.25 (b) A tenant may not waive and a landlord may not require 1.26 the tenant to waive the tenant's right to call for police or 1.27 emergency assistance. 2.1 Subd. 3. [LOCAL PREEMPTION.] This section preempts any 2.2 inconsistent local ordinance or rule including, without 2.3 limitation, any ordinance or rule that: 2.4 (1) requires an eviction after a specified number of calls 2.5 by a tenant for police or emergency assistance; or 2.6 (2) provides that calls by a tenant for police or emergency 2.7 assistance may be used to penalize or charge a fee to a landlord. 2.8 Subd. 4. [TENANT RESPONSIBILITY.] This section shall not 2.9 be construed to condone or permit any breach of a lease or of 2.10 law by a tenant including, but not limited to, disturbing the 2.11 peace and quiet of other tenants, damage to property, and 2.12 disorderly conduct. 2.13 Subd. 5. [TENANT REMEDIES.] A tenant may bring a civil 2.14 action for a violation of this section and recover from the 2.15 landlord $250 or actual damages, whichever is greater, and 2.16 reasonable attorney's fees. 2.17 Subd. 6. [ATTORNEY GENERAL AUTHORITY.] The attorney 2.18 general has authority under section 8.31 to investigate and 2.19 prosecute violations of this section. 2.20 Sec. 2. [EFFECTIVE DATE.] 2.21 Section 1 is effective July 1, 1997, and applies to all 2.22 leases entered into, modified, or renewed on or after that 2.23 date. A provision in a current lease in conflict with section 1 2.24 is unenforceable on and after that effective date.