Cent. Hous. Assocs., LP v. Olson

929 N.W.2d 398
CourtSupreme Court of Minnesota
DecidedJune 12, 2019
DocketA17-1286
StatusPublished
Cited by4 cases

This text of 929 N.W.2d 398 (Cent. Hous. Assocs., LP v. Olson) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cent. Hous. Assocs., LP v. Olson, 929 N.W.2d 398 (Mich. 2019).

Opinions

LILLEHAUG, Justice.

We consider here whether a residential tenant has a statutory or common-law defense *401if a landlord seeks to evict the tenant in retaliation for the tenant's complaint about the condition of the leased premises. We conclude that, in this case, the retaliation defense is not available under the relevant statute, Minn. Stat. § 504B.441 (2018). But we also conclude that the common law should recognize a defense when a landlord retaliates against a tenant for making a good-faith complaint to the landlord of a material violation of local or state law, residential covenants, or the lease. Therefore, we affirm in part and reverse in part.

FACTS

Central Housing Associates, LP (CHA) and Aaron Olson entered into a 1-year residential lease beginning May 1, 2016. Thereafter, Olson made several written complaints to CHA regarding maintenance issues and further alleged in writing that a member of CHA's staff had harassed and discriminated against his minor daughter.

On January 20, 2017, CHA gave Olson written notice that his lease would be terminated two months early, effective February 28, 2017. The notice alleged multiple breaches of the lease terms, including disruptive behaviors by members of Olson's household, failing to list all family members on Olson's application, an unpaid balance of $ 275.91, multiple late payments of rent, and false information on the application of Olson's live-in aide.

After Olson received the notice, but before the February 28 termination date, he filed a written report with the Minnesota Department of Human Rights. Olson alleged that CHA only began issuing lease infraction notices to him after he complained to CHA that its employee, a maintenance worker, had harassed his daughter. Olson also alleged that CHA had discriminated against him based on his disability and against his daughter based on her race and religion.

Olson did not vacate the property on February 28, and CHA brought an eviction action in district court. Olson appeared pro se, and the case was tried to a jury. By special verdict, the jury found that "Olson materially violated the terms of the lease" but that CHA "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."

According to the district court's post-trial order, CHA did not object to the retaliation-defense question being posed to the jury. Following trial, however, CHA moved for judgment as a matter of law on the ground that Olson's retaliation defense was not available as a matter of law. The district court denied CHA's motion, determining that CHA had waived the argument.1 The district court entered judgment for possession of the rental unit in favor of Olson, apparently based on the existence of a retaliation defense under Minn. Stat. § 504B.285, subd. 2 (2018), and Minn. Stat. § 504B.441.

CHA appealed, and the court of appeals reversed, holding that no retaliation defense was available to Olson under either statutory provision. Cent. Hous. Assocs., LP v. Olson , 910 N.W.2d 485, 486-87 (Minn. App. 2018). The court of appeals held that "the defense in section 504B.441 does not apply unless the tenant has filed a tenant-remedies action in the district court." Id. The court of appeals also held that the "defense in section 504B.285 does not apply in an eviction action based on breach of lease." Id. at 486. Having ruled that no statutory defense was available, *402the court declined to recognize a common-law defense of retaliation. Id. at 491. Olson appealed only the holdings regarding Minn. Stat. § 504B.441 and the common law, and we granted his petition for review.

ANALYSIS

I.

We begin with the question of whether Olson is entitled to assert a retaliation defense under Minn. Stat. § 504B.441 to CHA's breach-of-lease eviction action. We must interpret the statute, a question of law that we review de novo. Cocchiarella v. Driggs , 884 N.W.2d 621, 624 (Minn. 2016). The purpose "of all statutory interpretation is to ascertain and effectuate the intent of the Legislature." Hous. & Redevelopment Auth. of Duluth v. Lee , 852 N.W.2d 683, 687 (Minn. 2014) ; see also Minn. Stat. § 645.16 (2018). We will apply the plain meaning of a statutory provision "[i]f the Legislature's intent is clear from the unambiguous language of the statute." Staab v. Diocese of St. Cloud , 853 N.W.2d 713, 716-17 (Minn. 2014). Consistent with our canons of statutory interpretation, "we construe technical words and phrases 'according to [their] special meaning,' and other words and phrases according to their 'common and approved usage.' " Cocchiarella , 884 N.W.2d at 624 (alteration in original) (quoting Staab v. Diocese of St. Cloud , 813 N.W.2d 68, 72 (Minn. 2012) ); see also Minn. Stat. § 645.08(1) (2018).

To determine whether a statute's meaning is plain, we will interpret the statute "to give effect to all of its provisions" and to avoid conflicting interpretations. Am. Family Ins. Grp. v. Schroedl , 616 N.W.2d 273, 277 (Minn. 2000).

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929 N.W.2d 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cent-hous-assocs-lp-v-olson-minn-2019.