(1) Unless created to avoid its application, this part 5 shall not apply to any of the following arrangements:
(a) Residence at a public or private institution, if such residence is incidental to detention or the provision of medical, geriatric, education, counseling, religious, or similar service;
(b) Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser, seller, or a person who succeeds to the occupant's interest; except that this subsection (1)(b) does not apply to a tenant occupying a dwelling unit under a lease-to-own contract;
(c) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(d) Transient occupancy in a hotel or motel that lasts less than thirty days;
(e) Occupancy by an employee or independent contractor whose right to occupancy is conditional upon performance of services for an employer or contractor;
(f) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
(g) Occupancy in a structure that is located within an unincorporated area of a county, does not receive water, heat, and sewer services from a public entity, and is rented for recreational purposes, such as a hunting cabin, yurt, hut, or other similar structure;
(h) Occupancy under rental agreement covering a residential premises used by the occupant primarily for agricultural purposes; or
(i) Any relationship between the owner of a mobile home park and the owner of a mobile home situated in the park.
(2) Nothing in this part 5 shall be construed to limit remedies available elsewhere in law for a tenant to seek to maintain safe and sanitary housing.
(3) Except as described in subsection (1) of this section, this part 5 applies to all residential premises occupied by a tenant regardless of how the tenancy, rental agreement, or housing arrangement is denominated.
(4) A claim, counterclaim, or action brought under this part 5 shall not have any preclusive effect on a tenant's ability to assert other claims in a subsequent action against the landlord for the same injury or arising from the same subject matter or transaction.
Source: L. 2008: Entire part added, p. 1827, � 3, effective September 1. L. 2024: (1)(b) and (2) amended and (3) and (4) added, (SB 24-094), ch. 158, p. 727, � 10, effective May 3.