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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 504B

Citation
Section 504B
Parent Document
Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (2019)
Jurisdiction
Minnesota (state)
Effective Date
2019-06-12

Other Sections in This Document (68)

Full Text

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In this case, the jury found that "Olson prove[d] by a fair preponderance of the evidence that Central Housing Associates, LP retaliated against [Olson] in whole or in part as a penalty for his good faith attempt to secure or enforce rights under the lease or the laws of the State of Minnesota or the United States." We have carefully reviewed the evidence before the jury. Although the jury did not make specific findings as to precisely what lease terms or laws were violated, sufficient evidence supported the jury's verdict. The language of the verdict was adequate to satisfy the requirements of the common-law retaliation defense that we recognize today. Olson asserted a retaliation defense based on his complaints to the landlord regarding alleged racial and religious discrimination against his daughter and maintenance issues, and he proved by a fair preponderance of the evidence that CHA's eviction was in retaliation for his good-faith attempt to secure his rights under the lease or the law.