Landlord/tenant law is a rapidly evolving in Minnesota. In 2023, the State of Minnesota passed new law strengthening tenant remedies for obtaining necessary repairs was strengthened. New requirements and regulations for leases were also recently adopted. Further changes are coming to the City of Duluth.
On June 12, 2025, the Duluth Tenant’s Union and Housing Justice Center formally submitted a petition to the City Council for a new ordinance affecting tenants’ rights. The petitioned for ordinance would authorize tenants to give landlords a 14-day notice of needed repairs. If the landlord does not make the repair within 14 days of the notice, the tenant could make repairs and withhold up to half a month’s rent or $500, whichever is greater, to pay for repairs. The City Clerk certified that the petition had 3,752 valid signatures, which is more than 10% of the 28,187 ballots cast at the last general municipal election but less than 20%. When such a petition is certified, the City Charter requires the City Council to decide whether to pass the petitioned for ordinance or let it go to the general election ballot. On July 1, 2025, the City Council declined to pass the ordinance by a vote of 2-6 and it will now be on the November 4, 2025, ballot.
The City Council adopted two new resolutions to address tenants’ concerns. On June 9, 2025, the City Council unanimously adopted resolution 25-013-O adding a new Article V to Chapter 29A. This requires landlords to provide notice to Tenants of their rights and tenant resources in the lease and, for some properties, by posting. The disclosed information must include a summary of tenant rights under Minnesota Statute 504B, the city ordinance, contact information for Duluth Life Safety (the department that conducts inspections which tenants can report concerns to) and the One Roof Community Housing Landlord Connection. One council member noted during the meeting that the provision authorizing fines should result in increased fines for violations. This ordinance states it is effective within 60 days of adoption.
The City Council also took the opportunity to pass an alternative ordinance. On July 1, 2025, by a 6 to 2 vote, the City Council passed ordinance 25-016-O. The alternative ordinance requires tenants to be given notice of city inspections and to be given a timeline for non-emergency repairs within 14 days of notice ordered by the city official. It also requires landlords to complete continuing landlord education approved by a city official. This must include but is not limited to certain aspects of Minnesota and City law (details TBD). The City Council has the option to put the July 1 ordinance on the ballot as an alternative to the ballot initiative, with the winner becoming law, but does not have to decide until closer to the election.
The petitioned for ordinance, the adopted ordinance, and the alternative ordinance reflect differences of opinion on the best path forward. The petition is premised on a belief that the current regulations are not sufficient and that tenants need additional remedies to obtain prompt repairs. The adopted and alternative ordinances focus on education of tenants and landlords, with some smaller changes to enforcement and premised on the idea that existing remedies appear to be underutilized due to lack of education if the problem is prevalent.
Significant concerns were also voiced about the impact of the ballot initiative on the long-term viability of Duluth’s rental housing stock. If the petitioned for ordinance has unintended consequences or creates unnecessary litigation risks, investment in rental properties may shrink. There are also questions about the practical effects. What happens if a professional is not available within 14 days, the repairs are unnecessary, or the tenant hires someone who fails to repair the problem, causes damage, or overcharges? The City Attorney noted that the City Council lacks the authority to repeal or amend a petitioned for ordinance, limiting flexibility to respond to unforeseen problems. Any changes could likely only be made by a majority vote at the next general municipal election. In contrast, most ordinances passed by the City Council can be rapidly amended if they have unexpected consequences.
Thomas R. Witt is an attorney with the Fryberger Law Firm, practicing in the areas of law including Housing and Municipal Law, Family Law, and Civil Litigation. Jeb D. Leone is a Law Clerk with the firm who assisted with this article. This article is not intended to provide legal advice. You should always consult with an attorney about your specific circumstances.
