HF 2251

as introduced - 88th Legislature (2013 - 2014) Posted on 03/20/2014 03:43pm

A bill for an act
relating to real property; modifying expungement and disclosure of eviction
proceedings; amending Minnesota Statutes 2012, sections 484.014, subdivision
2, by adding a subdivision; 504B.321, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 484.014, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Discretionary deleted text end Expungement.

The court deleted text begin may deleted text end new text begin must new text end order expungement of
an eviction case court file deleted text begin only upon motion of a defendant and decision by the court, deleted text end if
the court finds that the plaintiff's case is sufficiently without basis in fact or law, which
may include lack of jurisdiction over the case, that expungement is clearly in the interests
of justice and those interests are not outweighed by the public's interest in knowing about
the record. new text begin Based on the findings of the court:
new text end

new text begin (1) if in favor of the tenant, the eviction order and court record must not appear on
the tenant's public record, and the tenant must not be held liable for any costs incurred; and
new text end

new text begin (2) if in favor of the landlord, the eviction order must not be reported to the public
and credit agencies until final disposition of the case as determined by court ruling.
new text end

Sec. 2.

Minnesota Statutes 2012, section 484.014, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Expungement after three years. new text end

new text begin (a) Notwithstanding any law to the
contrary, the court must expunge an eviction order three years after the date of the eviction
order.
new text end

new text begin (b) Notwithstanding any law to the contrary, a landlord is prohibited from
considering an eviction order from a reporting agency or other public record from inside
or outside the state three years after the date of the eviction order.
new text end

Sec. 3.

Minnesota Statutes 2012, section 504B.321, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Nonpublic record. new text end

new text begin An eviction order filed under this section must not be
made public record until final disposition of the case as determined by court ruling under
section 484.014, subdivision 2.
new text end