STATE OF MINNESOTA

COUNTY OF _______________________	DISTRICT COURT

_______________ JUDICIAL DISTRICT

____________ DIVISION: ____________

CASE TYPE: UNLAWFUL DETAINER (EVICTION)

_________________________________

_________________________________,

Plaintiff (Landlord),

v.

_________________________________

_________________________________,

Defendant (Tenant).

ANSWER AND MOTION

FOR DISMISSAL OR

SUMMARY JUDGMENT

No. A-7-X (March 2019)

Rural Housing Service

(formerly Farmers Home Administration) Subsidized Housing Projects

Receiving HUD Section 8 Subsidies

Case No. _________________________

For my answer to Plaintiff's complaint, I state the following defenses and the reasons why I should not be evicted, and ask that the case be dismissed.

A.	GENERAL ANSWER

1.	□	I admit the facts in these paragraphs of the complaint: _____________________

2.	□	I deny the facts in these paragraphs of the complaint: ______________________

3.	□	I cannot admit or deny these paragraphs of the complaint: __________________

4.	□	An incident(s) of a domestic violence, dating violence, sexual assault stalking incident(s) that is directly related to the allegations in this case so the protections of the Violence Against Women Act (VAWA) apply. Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11; RD AN No. 4814 (1944-N) (Jan. 18, 2017).

B.	TYPE OF TENANCY OR OCCUPANCY

1.	□	Rural Housing Service (RHS) Section 515 subsidized housing project under 24 C.F.R. Part 3560.

2.	□	The property also receives a subsidy through the HUD Section 8 New Construc
tion Set-Aside Program for Section 515 Rural Rental Housing Projects under 24 C.F.R. Part 884; HUD Handbook No. 4350.3, ¶1-2.

3.	□	I also have a Section 8 Existing Housing Certificate or Voucher.

C.	SERVICE

1.	□	Minn. Stat. § 504B.331 (formerly § 566.06) requires strict compliance in service,

not merely substantial compliance. Color-Ad Packaging, Inc. v. Kapak Industries, Inc., 285 Minn. 525, 526 n.1, 172 N.W.2d 568, 569 n.1 (1969), overruled on other grounds by In re Lake Valley Twp. Bd., Traverse Cnty. v. Lewis, 305 Minn. 488,
234 N.W.2d 815 (1975); Bloom v. American Express Co., 222 Minn. 249, 253, 23 N.W.2d 570 (1946); Koski v. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013); Nieszner v. St. Paul Sch. Dist. No. 625, 643 N.W.2d 645, 649–50 (Minn. Ct. App. 2002).

2.	□	The summons and complaint (court papers) were not delivered or mailed at least seven days before the court hearing. Minn. Stat. § 504B.331 (formerly § 566.06).

3.	□	The court papers were delivered on a legal holiday. Minn. Stat. § 645.44.

4.	□	The person who delivered the court papers is the named-Plaintiff, or is another person who is not wholly disinterested in the case. Minn. R. Civ. P. 4.02; Lewis v. Contracting Northwest, Inc., 413 N.W.2d 154, 155 (Minn. Ct. App. 1987).

5.	□	Plaintiff improperly used substituted service to give the court papers to another person and not me. Minn. Stat. § 504B.331 (formerly § 566.06).

a.	□	Plaintiff could have found me in the county.

b.	□	The person does not reside with me.

c.	□	The person is not of suitable age and discretion.

d.	□	The person was not at my residence when the court papers were delivered.

6.	□	Plaintiff improperly used service by mail and posting. Minn. Stat. § 504B.331

(formerly § 566.06); Koski v. Johnson, 837 N.W.2d 739 (Minn. Ct. App. 2013) (strict compliance required).

a.	□	Plaintiff could have found me in the county.

b.	□	Plaintiff did not try personal service twice on different days, once between 6:00 p.m. and 10:00 p.m.

c.	□	The court papers were mailed but not posted, or posted but not mailed.

d.	□	Plaintiff posted the court papers before mailing the court papers or filing the affidavit of mailing.

e.	□	Plaintiff or Plaintiff's attorney did not sign the affidavit of mailing.

f.	□	Plaintiff or Plaintiff's attorney did not sign the affidavit of Plaintiff stating I could not be found or was not in the state.

7.	□	Plaintiff filed an expedited case. The court papers were not served within 24 hours after the summons was issued. Minn. Stat. § 504B.321 (formerly § 566.05).

8.	□	Other: ____________________________________________________________.

D.	PRECONDITIONS FOR RECOVERY OF THE PREMISES

1.	□	Plaintiff is using the lease for the Section 8 Housing Choice Voucher Program., and failed to give the eviction notice and/or the court papers to the housing authority. 24 C.F.R. § 982.310(e)(2)(ii). Lease ¶ _____.

2.	□	Plaintiff is not the person entitled to possession of the building or an authorized management agent. Minn. Stat. § 481.02, subd. 3(13); Minn. Gen. R. Prac. 603.

3.	□	The person appearing on behalf of Plaintiff does not have a proper power of authority. Minn. Gen. R. Prac. 603.

a.	□	The person suing on behalf of Plaintiff did not file a power of authority.

b.	□	The power of authority was not properly executed: _____________

_____________________________________________________.

c.	□	Plaintiff filed a Power of Attorney not specific to this case, not a Rule 603 Power of Authority. Plaintiff's agent does not have authority to appear under Rule 603 and may not engage in the unauthorized practice of law. In re the Conservatorship of Riebel, 625 N.W.2d 480, 483 (Minn. 2001).

4.	□	Plaintiff, the landlord, the lessor, or the management company is a corporation or a similar entity and must be represented by an attorney to file a case or to appear otherwise in any Minnesota court. Nicollet Restorations, Inc. v. Turnham, 486 N.W.2d 753 (Minn. 1992); 301 Clifton Place, L.L.C. v. 301 Clifton Place Condo
minium Ass'n, 783 N.W. 2d 551, 560-61 (Minn. Ct. App. 2010). See Recommen
dations of Minnesota Supreme Court Advisory Committee on General Rules of Practice, Final Report, at 5 (Aug. 31, 2009) (attached) (rejected proposal to amend Minn. Gen. R. Prac. 603 to permit corporations to appear in district court eviction action without representation by a licensed attorney, citing Nicollet Restoration, Inc. v. Turnham).

5.	□	Plaintiff or Plaintiff's agent is engaging in unauthorized practice of law by charging a separate fee for representing the owner in this case. Minn. Stat. § 481.02, subd. 3(12-13).

6.	□	Principal and Address Disclosure. Minn. Stat. § 504B.181 (formerly 504.22).

a.	□	I did not know the names of the manager of the building and person authorized to accept service of process, and addresses at which they could be served 30 days before filing this case.

b.	□	I did not know the identity of the principal of the property. Trilogy Properties of MN LLC v. Gilmer, No. 27-CV-HC-11-7635 (Minn. Dist. Ct. 4th Dist. Dec. 16, 2011) (attached).

7.	□	Plaintiff, the landlord, the lessor, or the management company is a business which did not comply with the Secretary of State trade name registration statutes, entitling me to $250.00 in costs or by set off. Minn. Stat. §§ 333.001-333.06.

8.	□	Plaintiff failed to state the facts which authorize recovery of the premises, by failing to state: ___________________________________________________________

_______________________________________________________________. Minn. Stat. § 504B.321 (formerly 566.05); Minn. Gen. R. Prac. 604(a).

9.	□	Violence Against Woman Act (#b Required for All Complaints):

a.	□	Plaintiff failed to state facts that authorize recovery by failing to state any allegations that are not related to or the result of an inci
dent(s) of domestic violence, dating violence, sexual assault or stalking that the federal Violence Against Women Act (VAWA) prohibits as a basis for eviction. 42 U.S.C. § 1437d (l)(6); Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-
11; 24 C.F.R. §§ 5.2001-5.2009, 966.4; RD AN No. 4814 (1944-
N) (Jan. 18, 2017).

b.	□	Plaintiff failed to include with the complaint the VAWA Notice of Occupancy Rights under the Violence Against Women Act (VAWA) and a certification form (Form HUD 5383) so this matter must be dismissed. 42 U.S.C. § 1437d (u)(2)(B); Violence Against Women Reauthorization Act of 2013, 42 U.S.C. 4043e-11; 24 C.F.R. §§ 5.2005 (notice and form), 5.2003 (covered programs); RD AN No. 4814 (1944-N) (Jan. 18, 2017).

10.	□	Plaintiff is a landlord of a residential building with 12 or more residential units, but failed to provide a written lease. Minn. Stat. § 504B.111.

11.	□	I am a military service member or active National Guard member covered by the Servicemembers Civil Relief Act. 50 App. U.S.C.A §§ 501-594.

12.	□	Other: ____________________________________________________________.

E.	HOLDING OVER CASES

1.	□	Proper Notice was required before filing this action. 7 C.F.R. § 3560.159; 24 C.F.R. § 884.216; HUD Handbook No. 4350.3, ¶¶ 1-2, 8-11 - 8-16.

2.	□	Plaintiff alleges holding over after notice. Plaintiff did not attach a copy of the termination notice to the complaint. Plaintiff must provide a copy of the notice to me at the hearing. Minn. Gen. R. Prac. 604(c).

3.	□	Plaintiff did not give me a proper notice of lease violation before giving me a lease termination notice. 7 C.F.R. § 3560.159(a).

a.	□	Plaintiff did not give written notice.

b.	□	The notice did not state how I violated the lease.

c.	□	The notice did not give me a reasonable amount of time to correct the violation.

4.	□	Plaintiff did not give me proper notice to end my lease. 7 C.F.R. § 3560.159(b); 24 C.F.R. § 884.216; HUD Handbook No. 4350.3, ¶¶ 1-2, 8-11 - 8-16; Hoglund-
Hall v. Kleinschmidt, 381 N.W.2d 889 (Minn. Ct. App. 1986).

a.	□	Plaintiff did not give me written notice before filing this action.

b.	□	The notice did not state all of the following: (1) a specific date by which lease termination will occur; (2) a statement of the basis for lease termination with specific reference to the provisions of the lease or occupancy rules; and (3) a statement explaining the condi
tions under which the borrower may initiate judicial action to enforce the lease termination notice.

c.	□	Under 24 C.F.R. § 884.216; HUD Handbook No. 4350.3, ¶¶ 1-2, 8-11 - 8-16, the notice also was required to state but did not, all of the following: (1) the date of termination, (2) the grounds for termination with sufficient detail, (3) that I could defend the evic
tion in court, (4) that I had 10 days to discuss it with Plaintiff, and (5) persons with disabilities have the right to request reasonable accommodations to participate in the hearing process.

d.	□	Plaintiff alleges other good cause. HUD Handbook No. 4350.3, ¶ 8-16.

i.	□	Plaintiff did not give me notice 30 days before filing this action.

ii.	□	The termination notice was not effective at the end of the lease term.

iii.	□	Plaintiff did not give me prior written notice that the al
leged conduct would be good cause for eviction.

e.	□	Plaintiff did not give 12 month notice to me. Minn. Stat. § 504.32.

i.	□	Plaintiff is allowing a Section 8 contract to expire.

ii.	□	Plaintiff is terminating or failing to renew a Section 8 con
tract and mortgage.

iii.	□	Plaintiff is prepaying on a mortgage, which will result in termination of federal use restrictions on the housing.

iv.	□	Plaintiff is terminating a housing subsidy program.

5.	□	Plaintiff did not give not give me a meaningful opportunity to discuss the eviction with Plaintiff. HUD Handbook No. 4350.3, ¶ 8-13(B)(2); Gorsuch Homes, Inc. v. Wooten, 597 N.E.2d 554 (Ohio Ct. App. 1992).

6.	□	Plaintiff improperly alleged in the complaint grounds for eviction not stated in a notice. HUD Handbook No. 4350.3, ¶ 8-13(B)(5).

7.	□	Plaintiff may not evict me without cause. 7 C.F.R. §§ 3560.159(a), 884.216; HUD Handbook No. 4380.3, ¶ 8-12.

8.	□	Plaintiff did not allow me to review Plaintiff's file and copy information from it. 7 C.F.R. § 3560.160(g)(4).

9.	□	Plaintiff's notice for me to move was retaliatory under Minn. Stat. § 504B.285 (formerly § 566.03), § 504B.441 (formerly § 566.28), and was intended in whole or part as a penalty actions on _____________ to secure or enforce rights under a lease or contract, oral or written, under the laws of the state or any of its govern
mental subdivisions, or of the United States; or to report to a governmental authority of the plaintiff's violation of a health, safety, housing, or building code or ordinance. Plaintiff lacks a substantial non-retaliatory purpose, arising at or within a short time before service of the notice to quit, wholly unrelated to and unmotivated by my protected activity. Parkin v. Fitzgerald, 307 Minn. 423, 240 N.W.2d 828 (1976).

10.	□	Plaintiff waived the notice to end my lease or is estopped from enforcing it by:

a.	□	Accepting rent after the move out date. Pappas v. Stark, 123 Minn. 81, 83, 142 N.W. 1042, 1047 (1913).

b.	□	Demanding rent in this case. See Minn. Stat. § 504B.291 (formerly § 504.02); Pappas v. Stark, 123 Minn. 81, 83, 142 N.W. 1042, 1047 (1913).

11.	□	Plaintiff is discriminating against me as a member of a protected class. Barnes v. Weis Management Co., 347 N.W.2d 519, 522 (Minn. Ct. App. 1984); 42 U.S.C. § 3604; Minn. Stat. § 363A.09.

12.	□	Violence Against Woman Act (#b Required for All Notices):

a.	□	Plaintiff's Notice to Vacate is based on an incident(s) of domestic violence, dating violence, sexual assault or stalking which is prohibited by basis for termination. 42 U.S.C. § 1437f (c)(9)(B) and (C); 42 U.S.C. § 1437f (o)(20); 24 C.F.R. §§ 5.2001-5.2009, 884.216; Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11; RD AN No. 4814 (1944-N) (Jan. 18, 2017).

b.	□	Plaintiff failed to include with the notice the VAWA Notice of Occupancy Rights under the Violence Against Women Act (VAWA) and a certification form (Form HUD 5383) so this matter must be dismissed. 42 U.S.C. § 1437d (u)(2)(B); Violence Against Women Reauthorization Act of 2013, 42 U.S.C. 4043e-11; 24 C.F.R. §§ 5.2005 (notice and form), 5.2003 (covered programs); RD AN No. 4814 (1944-N) (Jan. 18, 2017).

13.	□	My lease was terminated due to conditions which were beyond my control, such as a condition related to required repair or rehabilitation of the building, or a natural disaster, and I was not provided entitled to benefits under the Uniform Relocation Act or an opportunity to request a Letter of Priority Entitlement (LOPE) from the Rural Housing Service.

14.	□	Other: ____________________________________________________________.

F.	NONPAYMENT OF RENT CASES

1.	□	Proper notice was required before filing this action. 7 C.F.R. § 3560.159; 24 C.F.R. § 884.216; HUD Handbook No. 4350.3, ¶¶ 1-2, 8-11 - 8-16. See Holding Over Cases Defenses, Section E, supra.

2.	□	Plaintiff alleges nonpayment of rent and material lease violations. I do not have to pay rent into court. The court must consider the lease violations claim before considering the nonpayment of rent claim. Minn. Stat. § 504B.285, subd. 5 (formerly § 566.03, subd. 5).

3.	□	Domestic Violence: Federal Violence Against Women Act and State Law:

a.	□	Plaintiff has alleged I owe charges for damage that is the result of

domestic violence, dating violence, sexual assault or stalking.

These charges are not a legal basis to terminate my tenancy.

Violence Against Women Reauthorization Act of 2013, 42 U.S.C.

§ 14043e-11; RD AN No. 4814 (1944-N) (Jan. 18, 2017).

b.	□	The rent the Plaintiff is trying to collect from me incorrectly in
cludes the income of ________________________, the abuser/attacker/stalker, who is excluded from my household. The rent must be recalculated by the Plaintiff, based on my actual household composition and income, before the court can determine how much rent the Plaintiff has a right to collect from me under federal regulations and my lease. Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11; RD AN No. 4814 (1944-N) (Jan. 18, 2017).

c.	□	The rent has not been paid as a result of domestic violence, dating violence, sexual assault or stalking so cannot be the basis to evict me. Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11; 24 C.F.R. §§ 5.2001-5.2009, 884.216; RD AN No. 4814 (1944-N) (Jan. 18, 2017).

d.	□	I or another tenant or authorized occupant in my household has been a victim of domestic abuse, criminal sexual conduct, or stalking. Minn. Stat. §§ 504B.285, Subd. 1 (b); 504B.206, Subd. 1 (a). I ended my lease as required by Minn. Stat. § 504B.206 (2014) so I do not have any rent obligation to the Plaintiff after ____________________(date in notice ending tenancy).

4.	□	I don't owe all of the rent alleged.

5.	□	Habitability:

a.	□	Plaintiff has violated the covenants of habitability by not making repairs, including but not limited to:

____________________________________________________.

I request that the court reduce my past rent and reduce future rent until repairs are completed. Minn. Stat. § 504B. 161 (formerly § 504.18); Fritz v. Warthen, 213 N.W.2d 339, 341-42 (1973); 7 C.F.R. § 3560.156(c)(18)(x); 24 C.F.R. Subpart G, §§ 5.701-5.705, 884.216; HUD Handbook No. 4350.3, Exhibit 6-6, Appendix 4-A

b.	□	My apartment is infested with bedbugs. I request □ past and future rent abatement and/or □ termination of the tenancy. Delamater v. Foreman, 239 N.W. 148 (1931) (bedbugs coming in great numbers into apartment from sources under landlord's control may consti
tute constructive eviction).

6.	□	My city code requires landlords to have a rental license. My landlord does/did not have a license and cannot collect rent for the period where the landlord did not have a license. Beaumia v. Eisenbraun, No. A06-1482, 2007 WL 2472298 (Minn. Ct. App. Sep. 4, 2007) (unpublished, attached).

7.	□	I notified Plaintiff and paid $ for utility or essential services after the utility company terminated the service or threatened to terminate the service, due to Plaintiff's failure to pay. This payment must be deducted from rent. Minn. Stat. § 504B.215 (formerly § 504.185).

8.	□	My lease states that I am supposed to pay for utility service, but I have a shared meter which does not accurately reflect my utility use. Minn. Stat. § 504B.215 (formerly § 504.185). I request that the court:

a.	□	reduce my past rent, beginning in , 19 , and reduce future rent until Plaintiff follows the law. Minn. Stat. § 504B.215 (formerly § 504.185), § 504B.161 (formerly § 504.18); Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973);

b.	□	award me treble damages or $500, whichever is greater, and rea
sonable attorney's fees. Minn. Stat. § 504B.215 (formerly § 504.
185), § 504B.221 (formerly § 504.26).

9.	□	Rent recertification.

a.	□	Under 7 C.F.R. § 3560.153:

i.	□	Plaintiff did not properly calculate my income and rent.

ii.	□	Plaintiff improperly terminated the government subsidy and increased my rent.

iii.	□	Plaintiff did not offer me a reasonable payment plan for corrected past rent.

b.	□	Under 24 C.F.R Part 884 and HUD Handbook No. 4350.3:

i.	□	Plaintiff did not properly calculate my income and rent. HUD Handbook No. 4350.3, Ch. 5, and 7.

ii.	□	I pay a minimum rent and Plaintiff failed to grant me a hardship exemption. 42 U.S.C.A. § 1437a(a)(3)(B); 24 C.F.R. § 5.630(b); HUD Handbook 4350, ¶5-26.D.

iii.	□	Plaintiff did not give me a sufficient utility allowance. 24 C.F.R. §§ 965.470-965.480, 813.102, 813.108; HUD Hand
book No. 4350.3, ¶¶ 5.25B, 5.61.

iv.	□	Plaintiff improperly terminated the government subsidy and raised my rent to market rent. HUD Handbook No. 4350.3, ¶¶ 8-3 - 8-7.

v.	□	Plaintiff did not offer me a reasonable payment plan for corrected past rent. Id. ¶ 8-21 - 8-22.

10.	□	Plaintiff is charging improper late fees or other fees.

a.	□	Plaintiff may not evict me for not paying late fees. HUD Handbook No. 4350.3, ¶ 6-23.

b.	□	For leases beginning or renewed before January 1, 2011 and under the common law:

i.	□	The lease does not provide for the fees. Cook v. Finch, 19 Minn. 407, , 19 Minn. (Gil.) 350, 358 (1873).

ii.	□	The fees are penalties which bear no relationship to Plain
tiff's expenses. See Gorco Const. Co. v. Stein, 256 Minn. 476, 481-82, 99 N.W.2d 69, 74 (1959); or are usurious. Minn. Stat. §§ 334.01-334.03.

c.	□	For leases beginning or renewed on or after January 1, 2011, under Minn. Stat. § 504B.177:

i.	□	We did not agree to the late fee in writing.

ii.	□	The late fee is more than 8% of the overdue rent payment. Housing and Redevelopment Authority of Duluth v. Lee, 852 N.W.2d 683 (Minn. 2014).

d.	□	For all late fees:

i.	□	Plaintiff waived the requirement of prompt rent payment by accepting late payments without objection. See Cobb v. Midwest Recovery Bureau Co., 295 N.W. 2d 232, 237 (Minn 1980) (repossession).

ii.	□	No late fee is due because I had a proper reason to withhold my rent.

iii.	□	I also have a Section 8 voucher. Plaintiff is charging illegal side payments. 24 C.F.R. § 982.451.

11.	□	Plaintiff waived the rent claim or is estopped from claiming it by:

a.	□	Accepting a partial payment of rent before or after filing this case. We did not agree in writing that the payment would not waive this case. Minn. Stat. § 504B.291 (formerly § 504.02).

b.	□	Accepting rent for later months. Id.

12.	□	Plaintiff did not give me receipts for rent paid in cash. Minn. Stat. § 504B.118. The court should abate my rent as a penalty for violating the statute and dismiss this action.

13.	□	I paid my rent by money orders. I have a copy of one or more money orders, or original receipt stubs evidencing the purchase of a money order, which total the rent amount, are dated on or around the date rent was due, and are made payable to the landlord. There is a rebuttable presumption that I paid the rent. Minn. Stat. § 504B.291, subd. 1.

14.	□	Other: ____________________________________________________________.

G.	BREACH OF LEASE CASES

1.	□	Proper notice was required before filing this action. 7 C.F.R. § 3560.159; 24 C.F.R. § 884.216; HUD Handbook No. 4350.3, ¶¶ 1-2, 8-11 - 8-16. See Holding Over Cases Defenses, Section E, supra.

2.	□	Plaintiff alleges breaches of the lease. Plaintiff did not attach a copy of the lease to the complaint. Plaintiff must provide a copy of the lease to me at the hearing. Minn. Gen. R. Prac. 604(d).

3.	□	Domestic Violence: Federal Violence Against Women Act: and State Law:

a.	□	See Holding Over Cases Defenses, Section E.12, supra.

b.	□	The Plaintiff alleges criminal activity as the basis for my eviction that (1) was directly related to domestic violence, dating violence, sexual assault or stalking, (2) was done by a member of my house
hold, guest, other person under my control, and (3) I or a person affiliated with me was the victim or threatened victim. 42 U.S.C. § 1437f (o)(20)(D)(v); Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11; 24 C.F.R. §§ 5.2001- 5.2009, 884.216; RD AN No. 4814 (1944-N) (Jan. 18, 2017).

c..	□	The Plaintiff alleges breach(es) that is the result of an incident(s) of domestic violence, dating violence, sexual assault or stalking that cannot be used as (1) serious or repeated violation(s) of the lease, (2) material violation(s) of the lease, or (3) other good cause. 42 U.S.C. § 1437f (o)(20)(D)(v); Violence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11; 24 C.F.R. §§ 5.2001- 5.2009, 884.216; RD AN No. 4814 (1944-N) (Jan. 18, 2017).

d.	□	The basis of the eviction is that I or another tenant or authorized occupant in my household has been a victim of domestic abuse, criminal sexual conduct, or stalking. Minn. Stat. §§ 504B.285, Subd. 1 (b); 504B.206, Subd. 1 (a).

4.	□	I have not committed (1) material noncompliance with the lease or (2) other good cause for eviction. 7 C.F.R. § 3560.159(a); 24 C.F.R. § 216; HUD Handbook No. 4350.3, ¶ 8-11 - 8-16.

5.	□	I did not commit a material breach or substantial failure to perform under the lease. Cloverdale Foods of Minnesota, Inc., 580 N.W.2d 46, 49 (Minn. Ct. App. 1998); Skogberg v. Huisman, No. C7-02-2059, 2003 WL 22014576 (Minn. Ct. App. Aug. 2003) (unpublished, attached) (a material breach goes to the root or essence of the contract, so substantial and fundamental that it defeats the object of the parties in entering into the contract, and where the injury is irreparable or damages would be inadequate or difficult or impossible to determine).

6.	□	Plaintiff filed an expedited case, and alleges that I am involved with illegal drugs, prostitution related activities, unlawful firearm possession, or nuisance or other illegal behavior that seriously endangers the safety of other residents, their property, or the landlord's property. I did not do this. Minn. Stat. § 504B.321 (formerly § 566.05).

7.	□	Plaintiff did not give me a copy of the lease before filing this case. This case does not involve disturbing the peace, malicious destruction of property, or illegal drugs. Minn. Stat. § 504B.115 (formerly § 504.015).

8.	□	Plaintiff waived lease provisions by failing to enforce them or is estopped from enforcing them. Mitchell v. Rende, 225 Minn. 145, 30 N.W.2d 27 (1947).

9.	□	Plaintiff waived the alleged breaches or is estopped from enforcing them by accepting rent with knowledge of the breach. Kenny v. Seu Si Lun, 101 Minn. 253, 256-58, 112 N.W. 220, 221-22 (1907).

10.	□	Plaintiff is discriminating against me as a member of a protected class. 42 U.S.C. § 3604; Minn. Stat. § 363A.09.

11.	□	I have a disability. Plaintiff did not reasonably accommodate my disability. 7 C.F.R. § 3560.156(c)(6)(ii); 42 U.S.C. § 3604(f)(3); 29 U.S.C. §§ 706, 794; 24 C.F.R. Parts 8, 100; Douglas v. Kriegsfield Corp., 884 A.2d 1109 (D.C. Ct. App. 2005); Minn. Stat. § 363A.10; Schuett v. Anderson, 386 N.W.2d 249, 253 (Minn. Ct. App. 1986).

12.	□	Plaintiff alleges that I unlawfully allowed unlawful activity (illegal drugs, prostitu
tion related activity, or unlawful use or possession of certain firearms) on the property.

a.	□	State Defenses. Minn. Stat. § 504B.171 (formerly § 504.181).

i.	□	There was no unlawful activity on the property.

ii.	□	I did not know or have reason to know that there was un
lawful activity on the property.

iii.	□	I could not prevent the illegal drugs from being brought on the property. Minn. Stat. § 609.5317, subd. 3.

b.	□	Federal Defenses:

i.	□	Under 7 C.F.R. §§ 3560.159(a)(1)(iii), 3560.156(c)(15):

(a)	□	I, a household member, guest, or person under my control did not admit to and was not convicted for involvement with illegal drugs.

(b)	□	Illegal drug activity was not conducted at the pre
mises or complex by me, a household member, guest, or someone under my control.

(c)	□	I took reasonable steps to prevent or control illegal drug activity.

(d)	□	The person who engaged in the activity is actively seeking, receiving, or has completed drug treatment.

(e)	□	The person who engaged in the activity left the property.

ii.	□	Under 24 C.F.R. §§ 884.216, 5.858-5.859; HUD Handbook No. 4350.3, ¶ 8-14:

(a)	□	The activity was not a crime. See Minn. Stat. Ch. 609.

(b)	□	The person who committed the activity was not under my control.

(c)	□	Plaintiff alleges non-drug-related activity. The ac
tivity did not threaten the health, safety, or peaceful enjoyment by other residents, persons residing in the immediate vicinity of the property, or on-site staff.

(d)	□	Plaintiff alleges drug-related criminal activity. The activity did not occur on or near the property.

(e)	□	Possession of drug paraphernalia does not constitute drug-related criminal activity. 24 C.F.R. § 5.100; Minn. Stat. § 152.092.

(f)	□	Medical marijuana use is legal under state law. Minn. Stat. § 152.32.

(g)	□	Plaintiff based this eviction on a police arrest or arrest report, in violation of HUD Notice PIH 2015-19 (November 2, 2015).

(h)	□	Plaintiff has failed to adopt HUD Best Practices on Evicting and Terminating Assistance for Criminal Activity. HUD Notice PIH 2015-19 (November 2, 2015).

13.	□	Plaintiff is penalizing me for calling for police or emergency assistance in re
sponse to domestic abuse or any other conduct. Minn. Stat. § 504B.205 (formerly § 504.215).

14.	□	Forfeiting my home would be a great injustice, since Plaintiff's rights are ade
quately protected. Naftalin v. John Wood Co., 263 Minn. 135, 147, 116 N.W.2d 91, 100 (1962); Warren v. Driscoll, 186 Minn. 1, 5, 242 N.W.2d 346, 347 (1932).

15.	□	Other: ____________________________________________________________.

H.	REQUEST FOR RELIEF

1.	□	Dismiss Plaintiff's Complaint for the reasons set forth in this Answer and award me judgment for possession.

2.	□	Plaintiff improperly filed an expedited case. Dismiss this case and fine Plaintiff $500. Minn. Stat. § 504B.321 (formerly § 566.05).

3.	□	Abate (reduce) the rent claimed by Plaintiff, and abate (reduce) the future rent until Plaintiff completes repairs. Fritz v. Warthen, 298 Minn. 54, 58-59, 213 N.W.2d 339, 341-42 (1973); Minn. Stat. § 504B.161 (formerly § 504.18).

4.	□	Abate (reduce) the rent claimed by Plaintiff, and abate (reduce) the future rent until Plaintiff stops unlawful activity on the property. See Minn. Stat. § 504B.171 (formerly § 504.181).

5.	□	Order Plaintiff to provide for the following discovery: allow me to review Plain
tiff's file on me, give me a list of Plaintiff's witnesses and the subject of their testimony, and give me a copy of Plaintiff's exhibits. Minn. Gen. R. Prac. 612.

6.	□	Plaintiff is a business which did not register its trade name with the Secretary of State. Continue the hearing to allow Plaintiff to register its trade name, and award me $250.00 in costs or by setoff. Minn. Stat. § 333.001-333.06.

7.	□	Continue the hearing for the following reasons: ___________________________.

8.	□	If I owe rent:

a.	□	Plaintiff alleged nonpayment of rent and holding over after notice. Allow me to pay the rent and keep my home. Minn. Stat. § 504B.
291 (formerly § 504.02).

b.	□	Plaintiff alleged nonpayment of rent and material lease violations. If I did not commit a material lease violation but I owe rent, give me 7 days to pay. Minn. Stat. § 504B.285 (formerly § 566.03).

c.	□	Give me __________ days to pay it. 614 Co. v. D.H. Overmayer, 297 Minn. 395, 398, 211 N.W.2d 891, 893 (1973). (affirmed 30 day extension to pay rent).

d.	□	I have paid or can pay the rent due at the hearing. If I owe addi
tional costs, give me _________ days to pay them. Minn. Stat. § 504B.291 (formerly § 504.02).

9.	□	Under the Servicemembers Civil Relief Act, stay of the action for 90 days, unless equity requires a shorter or longer stay, or adust the obligations under the lease to preserve the interests of all parties. 50 App. U.S.C.A §§ 501-594.

10.	□	Under the Violence Against Women Act, 42 U.S.C. § 1437f (c)(3)(C)(ii); Vio
lence Against Women Reauthorization Act of 2013, 42 U.S.C. § 14043e-11, 24 C.F.R. §§ 5.2001-5.2009, 884.216; RD AN No. 4814 (1944-N) (Jan. 18, 2017):

a.	□	Order Plaintiff to (1) accept my certification of domestic violence, dating violence, sexual assault or stalking, and (2) withdraw its termination notice and (3) dismiss this action with prejudice.

b.	□	Evict Defendant _____________________________________, the abuser/attacker/stalker, but do not evict me or the rest of my house
hold.

c.	□	Order Plaintiff to evict ______________________________, the abuser/attacker/stalker, but do not evict me or the rest of my house
hold.

d.	□	Order Plaintiff to execute a new lease with me that does not in
clude _________________, the abuser/attacker/stalker, in the household. If Plaintiff has not established my eligibility for this housing program, order Plaintiff to allow me to establish eligibil
ity. If I cannot establish eligibility for this housing program, then Plaintiff must provide me with a reasonable time to find new housing.

e.	□	Order Plaintiff to recertify/recalculate my rent without the income of the abuser/attacker/stalker and is no longer a member of my household.

f.	□	Seal any information in this court file that contains information about any incidents of domestic violence, dating violence, sexual assault or stalking, including my address, so it is not accessible to anyone but court employees, me or Plaintiff for the purposes of this court action.

11.	□	If I lose, give me seven days to move. Minn. Stat. § 504B.345 (formerly § 566.
09). I did not cause a nuisance, or seriously endanger other tenants, their property, or the landlord's property. If I have to move in less than 7 days, it would be a substantial hardship to my family and me.

12.	□	Costs and Disbursements:

a.	Upon discontinuance or dismissal or when judgment is rendered in my favor on the merits, award me mandatory costs of $200.00. Minn. Stat. § 549.02; HNA Properties v. Moore, 848 N.W.2d 238 (Minn. Ct. App. 2014).

b.	If I prevail, award me $5.50 for the cost of filing a satisfaction of the judgment. Id.

c.	If I prevail, award me other costs and disbursements (e.g. court filing, service, subpoena, expert, document, and discovery fees). Minn. Stat. § 549.04.

d.	If I am allowed to proceed in forma pauperis, order Plaintiff to pay any fees waived, costs deferred, or expenses paid by the court (e.g., my filing fee) based on my in forma pauperis status directly to the court administra
tor. Minn. Stat. § 563.01, Subd. 10; HNA Properties, supra at ¶12.a.

e.	Do not award costs and disbursements to Plaintiff.

13.	□	Expunge or seal this court file.

a.	□	Plaintiff's case is sufficiently without basis in fact or law, which may include lack of jurisdiction over the case. Expungement is clearly in the interests of justice and those interests are not out
weighed by the public's interest in knowing about the record. Minn. Stat. § 484.014

b.	□	The court has inherent authority to expunge this file. State v. C.A., 304 N.W.2d 353 (Minn. 1981); Minn. Stat. § 504B.345, Subd. 1 (c)(2).

c.	□	The court may expunge this file at the time judgment is entered or after that time. Minn. Stat. § 504B.345, Subd. 1 (c)(2).

14.	□	Vulnerable adult financial exploitation compensatory damages or $10,000, whichever is greater. Minn. Stat. §§ 626.557, Subd. 20, 626.5572, Subd. 9.

15.	□	Attorney fees:

a.	□	Do not award Plaintiff attorney fees beyond $5.00 in a nonpayment of rent case. Minn. Stat. § 504B.291 (formerly 504.02); Cheyenne Land Co. v. Wilde, 463 N.W.2d 539 (Minn. Ct. App. 1990).

b.	□	Award me attorney fees, because my lease began on or after Au
gust 1, 2011, or was renewed on or after August 1, 2012, it pro
vides for attorney fees to Plaintiff's or the landlord's attorneys, so I am entitled to attorney fees if I prevail. Minn. Stat. § 504B.172.

16.	□	Other: ____________________________________________________________.

I.	CERTIFICATIONS

1.	Under Minn. R. Civ. P. 11, I certify that, to the best of my knowledge:

a.	this document is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

b.	the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modifica
tion, or reversal of existing law or the establishment of new law;

c.	the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery;

d.	the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief; and

e.	this document does not include any restricted identifiers and that all restricted identifiers have been submitted in a confidential manner as required by Minn. R. Gen. Prac. 11.

I know that I may be fined or sanctioned by the court if this certification is false.

2.	Under Minn. Stat. § 358.116, I declare under penalty of perjury that everything I have stated in this document is true and correct.

____________________________________

Date	____________________________________

Tenant/Tenant's Attorney or Agent
County and State Where Document Is Signed

_____________________________________

County

_____________________________________

State	____________________________________

____________________________________

Address

____________________________________

Phone