Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)

Citation: Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)
Parent Document: Minneapolis Community Development Agency v. Powell, 352 N.W.2d 532 (1984)
Jurisdiction: Minnesota (state)
Effective Date: 1984-08-07
Original Source: https://www.courtlistener.com/opinion/2170690/minneapolis-community-developme... ↗

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42 U.S.C. § 1437; Minn. Stat. § 462.415(5) (1982). However, it is also true that a non-waiver clause is not specifically prohibited from public housing leases, even though many provisions are prohibited from such leases, and, as even the respondent admits, non-waiver clauses serve a good purpose for tenants as well as landlords. The arguments respondent makes for finding the clause void as against public policy are not persuasive. Further, while the lease might technically fit the criteria of a “contract of adhesion,” the fact that the lease was drawn up by a public authority statutorily obligated to provide fair housing for the poor means equity and “bargaining power” for the tenants should have been built into the lease. The non-waiver provision of this MCDA lease is not per se unconscionable or void as against public policy. DECISION

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