SF 756

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.