HF 12

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/29/2021 07:06pm

A bill for an act
relating to housing; providing for eviction and nonrenewal of lease procedures
during and after a peacetime emergency; allowing for expungement of certain
eviction actions filed during and after a peacetime emergency; preventing certain
home foreclosure or contract for deed termination during and after a peacetime
emergency.

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

Section 1. new text begin PEACETIME EMERGENCY; EVICTION AND NONRENEWAL OF
LEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibitions; evictions and nonrenewal of lease. new text end

new text begin (a) The following
actions are prohibited related to residential property during the peacetime emergency declared
in Executive Order 20-01 and all subsequent extensions of that public health emergency.
For purposes of this section, the term "landlord" refers to entities defined in Minnesota
Statutes, section 504B.001, subdivision 7.
new text end

new text begin (b) A landlord is prohibited from filing of eviction actions or any other action to recover
possession of residential property from a tenant. The prohibition does not include actions
where the tenant:
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new text begin (1) causes unlawful destruction of the residential property, as defined in Minnesota
Statutes, section 504B.165;
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new text begin (2) violates Minnesota Statutes, section 504B.171, subdivision 1;
new text end

new text begin (3) remains in the property past the vacate date after receiving a proper notice to vacate
or notice of nonrenewal under paragraph (c); or
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new text begin (4) materially violates a residential lease.
new text end

new text begin For the purposes of this section, a "material violation" is a substantial breach of the lease
so fundamental that the violation defeats an essential purpose of the lease. A material
violation does not include nonpayment of rent or fees related to the tenancy or holding over
past the expiration of a lease. A landlord filing a complaint alleging grounds for eviction
under this paragraph shall file an affidavit with the court stating specific facts in support of
the filing, identifying the legal basis for the eviction, and providing information on how the
eviction falls under an exception in this paragraph.
new text end

new text begin (c) A landlord is prohibited from issuing a notice of termination or nonrenewal of a
residential lease, except:
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new text begin (1) as provided in subdivision 2, to allow a family member to occupy the unit;
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new text begin (2) at the request of the tenant; or
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new text begin (3) where the termination is based upon one of the grounds permitted by paragraph (b).
new text end

new text begin (d) Execution of writs of recovery for residential property under Minnesota Statutes,
section 504B.365, subdivision 1, is prohibited, with the exception of:
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new text begin (1) a writ of recovery designated as priority execution under Minnesota Statutes, section
504B.365, subdivision 2;
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new text begin (2) a writ issued as a result of an eviction action judgment entered prior to March 24,
2020, at 5:00 p.m.; or
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new text begin (3) a writ issued as a result of a lawfully filed eviction action permitted under this section.
new text end

new text begin (e) A landlord is prohibited from assessing late fees or related fees when nonpayment
of rent is due to the residential tenant's COVID-related loss of income.
new text end

new text begin (f) A landlord is prohibited from increasing the rent for a residential tenancy more than
six percent. In no case during the application of the peacetime emergency may there be a
rent increase, if there has been a rent increase in the previous 12 months.
new text end

new text begin (g) Termination of a residential rental agreement or filing an eviction action under
Minnesota Statutes, section 327C.09, are prohibited, except that terminations or eviction
actions under Minnesota Statutes, section 327C.09, subdivision 3, or for cases brought under
Minnesota Statutes, section 327C.09, subdivision 5, are allowed if the case is based on the
resident endangering the safety of other residents or park personnel.
new text end

new text begin (h) Delivery of default notices by owners of security interests in manufactured homes
located in Minnesota, pursuant to Minnesota Statutes, section 327.64, is prohibited. A
secured party is also prohibited from commencing an action for a court order to remove
occupants from manufactured homes.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions. new text end

new text begin Consistent with subdivision 1, paragraph (c), clause (1), residential
landlords may issue a lawful termination of tenancy or nonrenewal of lease due to the need
to move the property owner or property owner's family member into the property, if the
property owner or property owner's family member moves into the property within seven
days of the property being vacated by the residential tenant. For purposes of this section,
"family member" includes a spouse, domestic partner, parent, sibling, child, in-law, or other
relative, as defined in Minnesota Statutes, section 273.124, subdivision 1, paragraph (c), of
the property owner or the property owner's spouse or domestic partner.
new text end

new text begin Subd. 3. new text end

new text begin Notice required. new text end

new text begin For evictions allowed under this section, a landlord must
provide a written notice of intent to file an eviction action to the tenant at least seven days
prior to filing the action, or any specified notice to cure or eviction action notice period
included in the lease, whichever is longer. If an eviction action is filed, the written notice
must be attached to the filing.
new text end

new text begin Subd. 4. new text end

new text begin Relief; Minnesota Statutes, chapters 518B and 629. new text end

new text begin Nothing in this section
is intended to modify the relief available, including exclusion from the dwelling, in an order
for protection issued under Minnesota Statutes, section 518B.01, or in a domestic abuse no
contact order issued under Minnesota Statutes, section 629.75.
new text end

new text begin Subd. 5. new text end

new text begin Rent and late fees. new text end

new text begin Nothing in this section reduces the rent owed by the
residential tenant to the landlord, prevents the landlord from collecting rent owed, or reduces
arrears owed by a residential tenant for rent.
new text end

new text begin Subd. 6. new text end

new text begin Application; Minnesota Statutes, chapter 504B. new text end

new text begin Nothing in this section
creates grounds for eviction or lease termination beyond what is provided for by Minnesota
Statutes, chapter 504B.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2. new text begin EVICTIONS AND NONRENEWAL AT THE CONCLUSION OF
PEACETIME EMERGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Eviction notice required; 12 months after peacetime emergency
ends. new text end

new text begin (a) For a period of 12 months after the end of the peacetime emergency declared in
Executive Order 20-01 and extensions of that peacetime emergency order, a landlord who
files an eviction action must first provide a written notice to the residential tenant at least
60 days prior to filing the eviction action. No late fees or related fees may be assessed by
the landlord during that 60-day period, and rents may not be increased during the 60-day
notice period required in this section. Eviction actions listed in section 1, subdivision 1,
paragraph (b), are exempt from the 60-day notice requirement. For purposes of this section,
the term "landlord" refers to entities defined in Minnesota Statutes, section 504B.001,
subdivision 7.
new text end

new text begin (b) For a period of 12 months running from the date of the conclusion of the peacetime
emergency declared in Executive Order 20-01, and extensions of that peacetime emergency
order, no landlord may file an eviction action for nonpayment of rent if the landlord was
eligible to collect the alleged rent owed through a rental assistance or emergency assistance
program, and either refused the payment or refused to comply with requirements needed to
process the payment.
new text end

new text begin Subd. 2. new text end

new text begin Notice requirements. new text end

new text begin (a) Before bringing an eviction action alleging
nonpayment of rent, a landlord must provide written notice to the residential tenant specifying
the basis for a future eviction action.
new text end

new text begin (b) For an allegation of nonpayment of rent or other unpaid financial obligations in
violation of the lease, the landlord must include the following in a written notice:
new text end

new text begin (1) the total amount due;
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new text begin (2) a specific accounting of the amount of the total due that is comprised of unpaid rents,
late fees, or other charges under the lease; and
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new text begin (3) the name and address of the person authorized to receive rent and fees on behalf of
the landlord.
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new text begin (c) A notice provided under this section must:
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new text begin (1) provide a disclaimer that a low-income tenant may be eligible for financial assistance
from the county;
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new text begin (2) provide a description on how to access legal and financial assistance through the
"Law Help" website at www.lawhelpmn.org and "Minnesota 211" through its website
www.211unitedway.org or by calling 211; and
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new text begin (3) state that the landlord may bring an eviction action following expiration of the 60-day
notice period if the tenant fails to pay the total amount due or fails to vacate.
new text end

new text begin (d) The landlord or an agent of the landlord must deliver the notice personally or by first
class mail to the residential tenant at the address of the leased premises.
new text end

new text begin (e) If the tenant fails to correct the rent delinquency within 60 days of the delivery or
mailing of the notice or fails to vacate, the landlord may bring an eviction action based on
the nonpayment of rent.
new text end

new text begin (f) Receipt of a notice under this section is an emergency situation under Minnesota
Statutes, section 256D.06, subdivision 2, and Minnesota Rules, chapter 9500. For purposes
of Minnesota Statutes, chapter 256J, and Minnesota Rules, chapter 9500, a county agency
verifies an emergency situation by receiving and reviewing a notice under this section. If a
residential tenant applies for financial assistance from the county, the landlord must cooperate
with the application process by:
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new text begin (1) supplying all information and documentation requested by the tenant or the county;
and
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new text begin (2) accepting or placing into escrow partial rent payments where necessary to establish
a tenant's eligibility for assistance.
new text end

new text begin (g) If applicable, the person filing an eviction action or other legal action to recover
possession of residential rental property from a tenant must attach a copy of the written
notice required by this section.
new text end

new text begin (h) If the court finds that a plaintiff has violated a provision of this section, the court
must dismiss the action without prejudice and expunge the action.
new text end

new text begin Subd. 3. new text end

new text begin Rent owed. new text end

new text begin Nothing in this section reduces the rent owed by a residential tenant
to the landlord. This section does not prevent the landlord from collecting rent owed and
does not reduce the arrears owed by a residential tenant for rent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin DISTRICT COURT PETITION REVIEW; DISMISSAL AND
EXPUNGEMENT OF ACTIONS.
new text end

new text begin (a) The court must conduct an initial review of all eviction filings for compliance with
sections 1 and 2. If the court finds that an eviction action has been filed in violation of
section 1 or Executive Order 20-14, 20-73, or 20-79, the action must be dismissed and
expunged if the eviction filing has not yet been adjudicated. This paragraph applies to all
eviction actions filed on or after March 23, 2020.
new text end

new text begin (b) If a landlord is required under section 2 to provide a 60-day written notice, the notice
must be attached to any eviction filing. If the notice is not attached, the court must reject
the filing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after final enactment.
new text end

Sec. 4. new text begin FORECLOSURE; CONTRACT FOR DEED; DURING AND 60 DAYS
AFTER PEACETIME EMERGENCY.
new text end

new text begin (a) During the peacetime emergency declared in Executive Order 20-01 and extensions
of that peacetime emergency order, and for 60 days after the conclusion of that peacetime
emergency:
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new text begin (1) no notice of a pendency for a foreclosure by advertisement may be recorded and no
action may commence under Minnesota Statutes, chapter 580 or 581, except for an action
necessary to protect holders of bonds issued under Minnesota Statutes, chapter 462A; and
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new text begin (2) no vendor may terminate a contract for deed.
new text end

new text begin (b) Nothing in this section alters the payments owed or any other obligations under the
mortgage, common interest community bylaws, contract for deed, or the pledge made by
the state to holders of bonds issued under Minnesota Statutes, chapter 462A.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to actions taken on or after that date.
new text end