Section 504B

Citation: Section 504B
Parent Document: Cent. Hous. Assocs., LP v. Olson, 910 N.W.2d 485 (2018)
Jurisdiction: Minnesota (state)
Effective Date: 2018-04-09
Original Source: https://www.courtlistener.com/opinion/8283559/cent-hous-assocs-lp-v-olson/ ↗

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We find further support for our conclusion that the term "complaint" in section 504B.441 does not include a complaint presented only to a governmental agency and not the court. When section 504B.285 describes the retaliation defense available to challenge eviction actions commenced by a notice to quit a tenancy at will, it includes retaliation for the tenant's reports to governmental agencies, but it does not use the term "complaint" to describe these reports. Instead, that section describes the report simply as a "report." It allows a tenant to prove retaliation by showing that the landlord terminated the tenancy in response *491to the tenant's "good faith attempt to report to a governmental authority ... the plaintiff's violation of a health, safety, housing, or building code or ordinance." Minn. Stat. § 504B.285, subd. 2(2) (emphasis added). This corroborates our understanding that the legislature did not mean for "complaint" in section 504B.441 to include the kind of agency report Olson made. Retaliation Defense under Common Law

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