SF 3201

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/16/2024 03:03pm

A bill for an act
relating to housing; providing a tenant's right to organize and penalties for retaliation
for tenant organizing; amending Minnesota Statutes 2022, section 504B.001, by
adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter
504B.

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

Section 1.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 13a. new text end

new text begin Tenant association. new text end

new text begin "Tenant association" means a group of tenants from
two or more rental units that are owned or operated by the same landlord who form or
maintain an organization, whether incorporated or unincorporated, to improve housing
conditions, amenities, community life, or the contractual position of the member tenants.
A tenant association must be completely independent of owners, management, and their
representatives. A tenant association using the rights provided in this chapter would be
required to adopt bylaws or an operating agreement related to the internal governance of
the tenant association.
new text end

Sec. 2.

Minnesota Statutes 2022, section 504B.001, is amended by adding a subdivision
to read:

new text begin Subd. 13b. new text end

new text begin Tenant organizer. new text end

new text begin "Tenant organizer" means a tenant or another who assists
residential tenants in establishing and operating a tenant association and is not an employee
or representative of the current or prospective landlord, property owner, manager, or agent
of the landlord.
new text end

Sec. 3.

new text begin [504B.212] TENANT RIGHT TO ORGANIZE; TENANT ASSOCIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Tenant's right to organize. new text end

new text begin (a) Residential tenants of a residential
building have the right to establish and operate a tenant association for the purpose of
addressing issues related to their living environment, which includes the terms and conditions
of their tenancy as well as activities related to housing and community development. Owners
of residential rental units and their agents must allow residential tenants and tenant organizers
to conduct the following activities related to the establishment or organization of a residential
tenant organization:
new text end

new text begin (1) distributing information or leaflets in the common areas of the residential building,
including bulletin or community boards;
new text end

new text begin (2) distributing information or leaflets to individual units in a residential building;
new text end

new text begin (3) initiating contact with tenants through mail, telephone, or electronically;
new text end

new text begin (4) initiating contact with tenant units to offer information on tenant organizations or
survey tenants on interest in tenant associations;
new text end

new text begin (5) assisting tenants in participating in tenant association activities; and
new text end

new text begin (6) convening tenant association meetings in a space at the residential building.
new text end

new text begin (b) To preserve the independence of the tenant association, management representatives
from the owner of a residential tenant building may not attend meetings unless invited by
the tenant association to specific meetings to discuss a specific issue.
new text end

new text begin (c) No landlord shall prohibit or adopt any rule prohibiting residential tenants or
nonresident tenant organizers from peacefully organizing, assembling, canvassing, leafleting,
or otherwise exercising within the building their right of free expression for noncommercial
purposes. A landlord may not require tenants and tenant organizers to obtain prior permission
to engage in protected activities. A landlord may adopt and enforce rules that set reasonable
limits as to time, place, and manner of the meetings or communication with tenants in the
building.
new text end

new text begin Subd. 2. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) A landlord may not increase rent, decrease services,
alter an existing rental agreement, file a legal action against a tenant, contact federal or state
law enforcement related to a tenant's immigration status, or seek to recover possession or
threaten any such action in whole or in part in retaliation after a tenant:
new text end

new text begin (1) reports a code violation to a government agency, elected official, or other government
official responsible for the enforcement of a building, housing, health, or safety code;
new text end

new text begin (2) reports a building, housing, health, or safety code violation, or a violation of this
chapter, to a community organization or the news media;
new text end

new text begin (3) seeks the assistance of a community organization or others, including but not limited
to a media or news organization, for assistance with a code violation or a violation of this
chapter;
new text end

new text begin (4) makes a request that the landlord of a residential building make repairs to the premises
as required by this chapter, or remedy a building or health code, other regulation, or uphold
portions of the residential rental agreement;
new text end

new text begin (5) joins or attempts to join a tenant association or similar organization; or
new text end

new text begin (6) testifies in any court or administrative proceeding concerning the condition of the
premises or exercised any right or remedy provided by law.
new text end

new text begin (b) In any proceeding in which retaliation is alleged, the burden of proof shall be on the
landlord, if the landlord's alleged retaliatory action was within 90 days of the tenant engaging
in any of the activities identified in this subdivision. If the challenged action began more
than 90 days after the resident engaged in the protected activity, the tenant claiming the
landlord is retaliating has the burden of proof.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin If a landlord, an agent, or other person acting under the landlord's
direction or control unlawfully and in bad faith violates the provision of this section, the
tenant may recover from the landlord up to $1,000 per occurrence and reasonable attorney
fees.
new text end