HF 835

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/24/2022 04:12pm

A bill for an act
relating to housing; creating specific notice requirements for evictions due to
nonpayment of rent; expanding eligibility for discretionary and mandatory
expungements for eviction case court files; prohibiting rental discrimination based
on a tenant's receipt of public housing assistance; limiting public access to pending
eviction case court actions; amending Minnesota Statutes 2020, sections 363A.09,
subdivisions 1, 2, by adding a subdivision; 484.014, subdivisions 2, 3; 504B.135;
504B.321.

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

Section 1.

Minnesota Statutes 2020, section 363A.09, subdivision 1, is amended to read:

Subdivision 1.

Real property interest; action by owner, lessee, and others.

It is an
unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
of, or other person having the right to sell, rent or lease any real property, or any agent of
any of these:

(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
group of persons any real property because of race, color, creed, religion, national origin,
sex, marital status, status with regard to public assistance, new text begin participation in or requirements
of a public assistance program, new text end disability, sexual orientation, or familial status; or

(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, new text begin
participation in or requirements of a public assistance program, new text end disability, sexual orientation,
or familial status in the terms, conditions or privileges of the sale, rental or lease of any real
property or in the furnishing of facilities or services in connection therewith, except that
nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended
to protect the safety of minors in their use of the real property or any facilities or services
furnished in connection therewith; or

(3) in any transaction involving real property, to print, circulate or post or cause to be
printed, circulated, or posted any advertisement or sign, or use any form of application for
the purchase, rental or lease of real property, or make any record or inquiry in connection
with the prospective purchase, rental, or lease of real property which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status, or any intent to make any such limitation, specification, or discrimination except that
nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as
available to adults-only if the person placing the advertisement reasonably believes that the
provisions of this section prohibiting discrimination because of familial status do not apply
to the dwelling unit.

Sec. 2.

Minnesota Statutes 2020, section 363A.09, subdivision 2, is amended to read:

Subd. 2.

Real property interest; action by brokers, agents, and others.

It is an unfair
discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
thereof:

(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
to any person or group of persons or to negotiate for the sale, rental, or lease of any real
property to any person or group of persons because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
or represent that real property is not available for inspection, sale, rental, or lease when in
fact it is so available, or otherwise deny or withhold any real property or any facilities of
real property to or from any person or group of persons because of race, color, creed, religion,
national origin, sex, marital status, status with regard to public assistance, new text begin participation in
or requirements of a public assistance program, new text end disability, sexual orientation, or familial
status; or

(2) to discriminate against any person because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, new text begin participation in or
requirements of a public assistance program, new text end disability, sexual orientation, or familial status
in the terms, conditions or privileges of the sale, rental or lease of real property or in the
furnishing of facilities or services in connection therewith; or

(3) to print, circulate, or post or cause to be printed, circulated, or posted any
advertisement or sign, or use any form of application for the purchase, rental, or lease of
any real property or make any record or inquiry in connection with the prospective purchase,
rental or lease of any real property, which expresses directly or indirectly, any limitation,
specification or discrimination as to race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, new text begin participation in or requirements of a public
assistance program, new text end disability, sexual orientation, or familial status or any intent to make
any such limitation, specification, or discrimination except that nothing in this clause shall
be construed to prohibit the advertisement of a dwelling unit as available to adults-only if
the person placing the advertisement reasonably believes that the provisions of this section
prohibiting discrimination because of familial status do not apply to the dwelling unit.

Sec. 3.

Minnesota Statutes 2020, section 363A.09, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Definition; public assistance program. new text end

new text begin For the purposes of this section,
"public assistance program" means federal, state, or local assistance, including but not
limited to rental assistance, rent supplements, and housing choice vouchers.
new text end

Sec. 4.

Minnesota Statutes 2020, section 484.014, subdivision 2, is amended to read:

Subd. 2.

Discretionary expungement.

The court may order expungement of an eviction
case court file deleted text begin only upon motion of a defendant and decision by the court, 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 deleted text end new text begin if the court makes the following findings: (1) the eviction
case court file is no longer a reasonable predictor of future tenant behavior; and (2) the new text end
expungement is clearly in the interests of justice and those interests are not outweighed by
the public's interest in knowing about the record.

Sec. 5.

Minnesota Statutes 2020, section 484.014, subdivision 3, is amended to read:

Subd. 3.

Mandatory expungement.

The court shall order expungement of an eviction
case new text begin :
new text end

new text begin (1) new text end commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:

deleted text begin (1) deleted text end new text begin (i) new text end the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or

deleted text begin (2) deleted text end new text begin (ii) new text end the defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285, subdivision 1a, 1b,
or 1c, to vacate on a date prior to commencement of the eviction case deleted text begin . deleted text end new text begin ;
new text end

new text begin (2) if the defendant prevailed on the merits;
new text end

new text begin (3) if the court dismissed the plaintiff's complaint for any reason;
new text end

new text begin (4) if the parties to the action have agreed to an expungement;
new text end

new text begin (5) if the court finds an eviction was ordered at least three years prior to the date the
expungement was filed; or
new text end

new text begin (6) upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.
new text end

Sec. 6.

Minnesota Statutes 2020, section 504B.135, is amended to read:

504B.135 TERMINATING TENANCY AT WILL.

deleted text begin (a) deleted text end A tenancy at will may be terminated by either party by giving notice in writing. The
time of the notice must be at least as long as the interval between the time rent is due or
three months, whichever is less.

deleted text begin (b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may
terminate the tenancy by giving the tenant 14 days notice to quit in writing.
deleted text end

Sec. 7.

Minnesota Statutes 2020, section 504B.321, is amended to read:

504B.321 COMPLAINT AND SUMMONS.

Subdivision 1.

Procedure.

(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of birth of the person against
whom the complaint is made, unless it is not known, describing the premises of which
possession is claimed, stating the facts which authorize the recovery of possession, and
asking for recovery thereof.

(b) The lack of the full name and date of birth of the person against whom the complaint
is made does not deprive the court of jurisdiction or make the complaint invalid.

(c) The court shall issue a summons, commanding the person against whom the complaint
is made to appear before the court on a day and at a place stated in the summons.

(d) The appearance shall be not less than seven nor more than 14 days from the day of
issuing the summons, except as provided by subdivision 2.

(e) A copy of the complaint shall be attached to the summons, which shall state that the
copy is attached and that the original has been filed.

new text begin (f) If applicable, the person filing a complaint must attach a copy of the written notice
described in subdivision 1a. The court shall dismiss an action without prejudice for failure
to provide a notice as described in subdivision 1a and grant an expungement of the eviction
case court file.
new text end

new text begin Subd. 1a. new text end

new text begin Written notice. 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;
new text end

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
new text end

new text begin (3) the name and address of the person authorized to receive rent and fees on behalf of
the landlord.
new text end

new text begin (c) A notice provided under this section must:
new text end

new text begin (1) provide a disclaimer that a low-income tenant may be eligible for financial assistance
from the county;
new text end

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
new text end

new text begin (3) state that the landlord may bring an eviction action following expiration of the 14-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 14 days of the delivery or
mailing of the notice, or fails to vacate, the landlord may bring an eviction action under
subdivision 1 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 section 256D.06,
subdivision 2, and Minnesota Rules, chapter 9500. For purposes of 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:
new text end

new text begin (1) supplying all information and documentation requested by the tenant or the county;
and
new text end

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

Subd. 2.

Expedited procedure.

(a) In an eviction action brought under section 504B.171
or on the basis that the new text begin residential new text end tenant is causing a nuisance or other illegal behavior that
seriously endangers the safety of other residents, their property, or the landlord's property,
the person filing the complaint shall file an affidavit stating specific facts and instances in
support of why an expedited hearing is required.

(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
for an expedited hearing only if sufficient supporting facts are stated and they meet the
requirements of this paragraph.

(c) The appearance in an expedited hearing shall be not less than five days nor more
than seven days from the date the summons is issued. The summons, in an expedited hearing,
shall be served upon the new text begin residential new text end tenant within 24 hours of issuance unless the court
orders otherwise for good cause shown.

(d) If the court determines that the person seeking an expedited hearing did so without
sufficient basis under the requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.

new text begin Subd. 3. new text end

new text begin Nonpublic record. new text end

new text begin An eviction action is not accessible to the public until the
court enters a final judgment.
new text end