Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 133-H.F.No. 686 
                  An act relating to landlord and tenant; prohibiting 
                  landlords from penalizing tenants solely for seeking 
                  police or emergency assistance; superseding 
                  inconsistent local regulation; authorizing the 
                  attorney general to investigate and prosecute 
                  violations; providing civil penalties; proposing 
                  coding for new law in Minnesota Statutes, chapter 504. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [504.215] [TENANT'S RIGHT TO SEEK POLICE AND 
        EMERGENCY ASSISTANCE.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "Domestic abuse" has the meaning given in section 
        518B.01, subdivision 2. 
           (c) "Landlord" means the owner as defined in section 
        566.18, subdivision 3, the owner's agent, or a person acting 
        under the owner's direction and control. 
           (d) "Tenant" has the meaning given in section 566.18, 
        subdivision 2. 
           Subd. 2.  [EMERGENCY CALLS PERMITTED.] (a) A landlord may 
        not: 
           (1) bar or limit a tenant's right to call for police or 
        emergency assistance in response to domestic abuse or any other 
        conduct; or 
           (2) impose a penalty on a tenant for calling for police or 
        emergency assistance in response to domestic abuse or any other 
        conduct. 
           (b) A tenant may not waive and a landlord may not require 
        the tenant to waive the tenant's right to call for police or 
        emergency assistance. 
           Subd. 3.  [LOCAL PREEMPTION.] This section preempts any 
        inconsistent local ordinance or rule including, without 
        limitation, any ordinance or rule that: 
           (1) requires an eviction after a specified number of calls 
        by a tenant for police or emergency assistance in response to 
        domestic abuse or any other conduct; or 
           (2) provides that calls by a tenant for police or emergency 
        assistance in response to domestic abuse or any other conduct 
        may be used to penalize or charge a fee to a landlord. 
           This subdivision shall not otherwise preempt any local 
        ordinance or rule that penalizes a landlord for, or requires a 
        landlord to abate, conduct on the premises that constitutes a 
        nuisance or other disorderly conduct as defined by local 
        ordinance or rule. 
           Subd. 4.  [TENANT RESPONSIBILITY.] This section shall not 
        be construed to condone or permit any breach of a lease or of 
        law by a tenant including, but not limited to, disturbing the 
        peace and quiet of other tenants, damage to property, and 
        disorderly conduct. 
           Subd. 5.  [TENANT REMEDIES.] A tenant may bring a civil 
        action for a violation of this section and recover from the 
        landlord $250 or actual damages, whichever is greater, and 
        reasonable attorney's fees. 
           Subd. 6.  [ATTORNEY GENERAL AUTHORITY.] The attorney 
        general has authority under section 8.31 to investigate and 
        prosecute violations of this section. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective July 1, 1997, and applies to all 
        leases entered into, modified, or renewed on or after that 
        date.  A provision in a current lease in conflict with section 1 
        is unenforceable on and after that effective date. 
           Presented to the governor May 9, 1997 
           Signed by the governor May 12, 1997, 11:10 a.m.