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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 13-S.F.No. 323 
                  An act relating to housing; clarifying provisions 
                  relating to retaliatory conduct and manufactured home 
                  parks; amending Minnesota Statutes 1994, section 
                  327C.12. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 327C.12, is 
        amended to read: 
           327C.12 [RETALIATORY CONDUCT PROHIBITED.] 
           A park owner may not increase rent, decrease services, 
        alter an existing rental agreement or seek to recover possession 
        or threaten such action in whole or in part as a penalty for a 
        resident's:  
           (a) good faith complaint to the park owner or to a 
        government agency or official; 
           (b) good faith attempt to exercise rights or remedies 
        pursuant to state or federal law; or 
           (c) joining and participating in the activities of a 
        resident association as defined under section 327C.01, 
        subdivision 9a. 
           In any proceeding in which retaliatory conduct is alleged, 
        the burden of proving otherwise shall be on the park owner if 
        the owner's challenged action began within 90 days after the 
        resident engaged in any of the activities protected by this 
        section identified in clause (a), (b), or (c).  If the 
        challenged action began more than 90 days after the resident 
        engaged in the protected activity, the party claiming 
        retaliation must make a prima facie case.  The park owner must 
        then prove otherwise; or 
           (c) joining and participating in the activities of a 
        resident association as defined under section 327C.01, 
        subdivision 9a. 
           Presented to the governor March 20, 1995 
           Signed by the governor March 20, 1995, 2:32 p.m.