HF 77

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to landlords and tenants; modifying provisions relating to applicant
screening fees; amending Minnesota Statutes 2008, section 504B.173,
subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 504B.173, subdivision 1, is amended to
read:

Subdivision 1.

Limit on number of applicant screening fees.

A landlord or the
landlord's agent may not charge an applicant a screening fee when the landlord knows or
should have known that no rental unit is available at that time or will be available within a
reasonable future time. new text begin If a landlord requires payment of an applicant screening charge but
fills the vacant rental unit before screening the applicant or does not conduct a screening
of the applicant for any reason, the landlord must refund the applicant screening charge to
the applicant within a reasonable time, not to exceed two weeks.
new text end

Sec. 2.

Minnesota Statutes 2008, section 504B.173, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Disclosures; metropolitan area. new text end

new text begin (a) A landlord or the landlord's
agent, prior to taking an application fee from a prospective tenant, must disclose on the
preapplication form:
new text end

new text begin (1) the amount of the applicant screening fee;
new text end

new text begin (2) the landlord's screening or admission criteria;
new text end

new text begin (3) the process that the landlord typically will follow in screening the applicant,
including whether the landlord uses a tenant screening service and, if so, the name,
address, and telephone number of the tenant screening service the owner will use; credit
reports, public records, or criminal records; or contacts of employers, landlords, or other
references;
new text end

new text begin (4) the applicant's rights to dispute the accuracy of any information provided to the
landlord by a screening company or credit reporting agency; and
new text end

new text begin (5) an estimate, made to the best of the landlord's ability at that time, of the
approximate number of rental units of the type, and in the area, sought by the applicant
that are, or within a reasonable future time will be, available to rent from that landlord.
The estimate must include the approximate number of applications previously accepted
and remaining under consideration for those units.
new text end

new text begin (b) A landlord or landlord's agent, prior to taking an application fee from a
prospective tenant, must provide a preapplication form that requires the prospective tenant
to provide information relating to the screening or admission criteria. On the same day a
completed preapplication form is submitted to the landlord or landlord's agent, the landlord
or landlord's agent must make an initial determination, based on the preapplication
form, that the prospective tenant meets or does not meet the landlord's screening or
admission criteria and must inform the prospective tenant of the determination. If, after a
determination based on the preapplication form, a prospective tenant decides to complete
the application process, the applicant may be required to pay an application fee. If the
residential tenant report or results of the screening process conducted by the landlord or
landlord's agent is substantially consistent with the preapplication form and the applicant
meets the screening or admission criteria, the landlord must rent to the applicant.
new text end

new text begin (c) This subdivision applies in the counties of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington.
new text end