SF 1471

3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to landlords and tenants; requiring certain 
  1.3             limitations on tenant screening fees; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 504; 
  1.5             repealing Minnesota Statutes 1998, section 504.30, 
  1.6             subdivision 5. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [504.301] [APPLICANT SCREENING FEE.] 
  1.9      Subdivision 1.  [LIMIT ON NUMBER OF APPLICANT SCREENING 
  1.10  FEES.] A landlord or the landlord's agent may not charge an 
  1.11  applicant a screening fee when the landlord knows or should have 
  1.12  known that no rental unit is available at that time or will be 
  1.13  available within a reasonable future time. 
  1.14     Subd. 2.  [RETURN OF APPLICANT SCREENING FEE.] If the 
  1.15  landlord or the landlord's agent does not perform a personal 
  1.16  reference check or does not obtain a consumer credit report or 
  1.17  tenant screening report, the landlord or the landlord's agent 
  1.18  shall return any amount of the screening fee that is not used 
  1.19  for those purposes.  The screening fee may be returned by mail, 
  1.20  may be destroyed upon the applicant's request if paid by check, 
  1.21  or may be made available for the applicant to retrieve. 
  1.22     Subd. 3.  [DISCLOSURES TO APPLICANT.] A landlord or the 
  1.23  landlord's agent, prior to taking an application fee from a 
  1.24  prospective tenant, must disclose on the application form or 
  1.25  orally the name, address, and telephone number of the tenant 
  1.26  screening service the owner will use, unless the owner does not 
  2.1   use a tenant screening service. 
  2.2      Subd. 4.  [REMEDIES.] In addition to any other remedies, a 
  2.3   landlord who violates this section is liable to the applicant 
  2.4   for the application fee plus a civil penalty of up to $100, 
  2.5   civil court filing costs, and reasonable attorney fees incurred 
  2.6   to enforce this remedy. 
  2.7      Sec. 2.  [REPEALER.] 
  2.8      Minnesota Statutes 1998, section 504.30, subdivision 5, is 
  2.9   repealed.