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ND SB2228

Bill

Status

Introduced

1/18/2013

Primary Sponsor

Dick Dever

Click for details

Origin

Senate

63rd Legislative Assembly

AI Summary

  • Allows residential lease tenants who are victims of domestic violence or fear imminent domestic violence to terminate their lease without penalty or liability by providing written notice to the landlord accompanied by a protection order or order prohibiting contact.

  • Tenants terminating a lease under this provision must pay rent for the full month of termination plus one additional month's rent (subject to landlord's duty to mitigate) but are relieved of all other contractual obligations for the remaining lease term.

  • Prohibits landlords from disclosing, entering into shared databases, or providing to others information about a tenant's domestic violence documentation, except as evidence in eviction proceedings, unpaid rent claims, or as otherwise required by law.

  • Prohibits landlords from refusing to rent, terminating leases, or retaliating against tenants, applicants, or household members solely because they exercised the right to terminate a lease under this section or are domestic violence victims with notice to the landlord.

  • Provides that domestic violence victims can use victim status as an affirmative defense in eviction actions and allows courts to award statutory damages of $1,000 plus actual damages, attorney's fees, costs, and disbursements for violations of this section.

Legislative Description

Protection for victims of domestic violence in residential leases.

Last Action

Second reading, failed to pass, yeas 14 nays 33

2/18/2013

Committee Referrals

Judiciary1/18/2013

Full Bill Text

No bill text available