Bill Text: MN HF2936 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Landlord's right established to seek police or emergency assistance; fees, penalties, and charges prohibited; and local law preempted.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-03-19 - Introduction and first reading, referred to Civil Law [HF2936 Detail]
Download: Minnesota-2011-HF2936-Introduced.html
1.2relating to real property; landlord and tenant; establishing a landlord's right to
1.3seek police or emergency assistance; prohibiting certain fees, penalties, and
1.4charges; preempting local law;proposing coding for new law in Minnesota
1.5Statutes, chapter 504B.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [504B.280] RESIDENTIAL LANDLORD'S RIGHT TO SEEK POLICE
1.8AND EMERGENCY ASSISTANCE.
1.9 Subdivision 1. Police or emergency assistance. A political subdivision may not:
1.10(1) bar or limit the right of a residential landlord to call for police or emergency
1.11assistance to respond to or investigate an emergency or conduct on or near residential
1.12premises that might constitute criminal activity, a nuisance, or a disturbance, or other
1.13activity that violates a rental licensing ordinance, regulation, or similar law; or
1.14(2) impose a fee or penalty on or otherwise penalize a residential landlord for a call
1.15for police or emergency assistance described in clause (1).
1.16 Subd. 2. Cooperation with licensing requirements; reasonable witness fees. (a)
1.17This subdivision applies to a political subdivision that has a residential licensing ordinance,
1.18regulation, or similar law that requires a residential landlord to be proactive in preventing
1.19or responding to criminal activity, a nuisance, a disturbance, or other activity on a rental
1.20property that violates a rental licensing ordinance, regulation, or similar law. The political
1.21subdivision may not unreasonably impose a witness fee or other charge for obtaining
1.22the testimony of a police officer, building official, or other employee of the political
1.23subdivision who was involved in reporting, responding to, or documenting incidents or
1.24activities that gave rise to a notice by the political subdivision that the landlord must take
2.1proactive action or face adverse licensing consequences. The political subdivision may
2.2not require advance payment of a witness fee that is greater than $20, plus mileage.
2.3(b) It is a defense to an action to revoke a residential rental license, impose a fee or
2.4penalty for a license violation, or assess a higher or additional inspection charge that the
2.5landlord is unable to obtain testimony that is relevant to the landlord's defense because the
2.6political subdivision requested a witness fee or other charge in violation of this subdivision.
2.7 Subd. 3. Local preemption. This section preempts an inconsistent local ordinance,
2.8regulation, or similar law.
1.3seek police or emergency assistance; prohibiting certain fees, penalties, and
1.4charges; preempting local law;proposing coding for new law in Minnesota
1.5Statutes, chapter 504B.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [504B.280] RESIDENTIAL LANDLORD'S RIGHT TO SEEK POLICE
1.8AND EMERGENCY ASSISTANCE.
1.9 Subdivision 1. Police or emergency assistance. A political subdivision may not:
1.10(1) bar or limit the right of a residential landlord to call for police or emergency
1.11assistance to respond to or investigate an emergency or conduct on or near residential
1.12premises that might constitute criminal activity, a nuisance, or a disturbance, or other
1.13activity that violates a rental licensing ordinance, regulation, or similar law; or
1.14(2) impose a fee or penalty on or otherwise penalize a residential landlord for a call
1.15for police or emergency assistance described in clause (1).
1.16 Subd. 2. Cooperation with licensing requirements; reasonable witness fees. (a)
1.17This subdivision applies to a political subdivision that has a residential licensing ordinance,
1.18regulation, or similar law that requires a residential landlord to be proactive in preventing
1.19or responding to criminal activity, a nuisance, a disturbance, or other activity on a rental
1.20property that violates a rental licensing ordinance, regulation, or similar law. The political
1.21subdivision may not unreasonably impose a witness fee or other charge for obtaining
1.22the testimony of a police officer, building official, or other employee of the political
1.23subdivision who was involved in reporting, responding to, or documenting incidents or
1.24activities that gave rise to a notice by the political subdivision that the landlord must take
2.1proactive action or face adverse licensing consequences. The political subdivision may
2.2not require advance payment of a witness fee that is greater than $20, plus mileage.
2.3(b) It is a defense to an action to revoke a residential rental license, impose a fee or
2.4penalty for a license violation, or assess a higher or additional inspection charge that the
2.5landlord is unable to obtain testimony that is relevant to the landlord's defense because the
2.6political subdivision requested a witness fee or other charge in violation of this subdivision.
2.7 Subd. 3. Local preemption. This section preempts an inconsistent local ordinance,
2.8regulation, or similar law.
