HF 1060

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:32am

A bill for an act
relating to housing; establishing procedures for eviction and tenant screening
reports; amending Minnesota Statutes 2020, sections 504B.001, subdivision 4;
504B.241, subdivision 4; 504B.245; 504B.321; 504B.331; 504B.335; 504B.345,
subdivision 1, by adding a subdivision; 504B.361, subdivision 1; 504B.371,
subdivisions 4, 5, 7; proposing coding for new law in Minnesota Statutes, chapter
504B; repealing Minnesota Statutes 2020, section 504B.341.

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

Section 1.

Minnesota Statutes 2020, section 504B.001, subdivision 4, is amended to read:

Subd. 4.

Evict or eviction.

"Evict" or "eviction" means a deleted text begin summary deleted text end court proceeding to
remove a tenant or occupant from or otherwise recover possession of real property by the
process of law set out in this chapter.

Sec. 2.

Minnesota Statutes 2020, section 504B.241, subdivision 4, is amended to read:

Subd. 4.

Court file information.

new text begin (a) new text end If a residential tenant screening service includes
information from a court file on an individual in a residential tenant report, the report must
provide the full name and date of birth of the individual in any case where the court file
includes the individual's full name and date of birth, and the outcome of the court proceeding
must be accurately recorded in the residential tenant report including the specific basis of
the court's decision, when available.

new text begin (b) new text end If a tenant screening service knows that a court file has been expunged new text begin or that the
court file has not resulted in a writ of recovery of premises and order to vacate, as defined
in section 504B.001, subdivision 15 new text end , the tenant screening service shall delete any reference
to that file in any data maintained or disseminated by the screening service. new text begin Every tenant
screening service has an affirmative duty to update and verify the current status of court
files by accessing the Minnesota Court Information System no more than 24 hours prior to
issuing a residential tenant screening report. If a file cannot be found, it shall be presumed
to be expunged and may not be reported.
new text end

new text begin (c) new text end Whenever the court supplies information from a court file on an individual, in
whatever form, the court shall include the full name and date of birth of the individual, if
that is indicated on the court file or summary, and information on the outcome of the court
proceeding, including the specific basis of the court's decision, coded as provided in
subdivision 5 for the type of action, when it becomes available.

new text begin (d) new text end The residential tenant screening service is not liable under section 504B.245 if the
residential tenant screening service reports complete and accurate information as provided
by the court new text begin , consistent with paragraph (b) new text end .

Sec. 3.

Minnesota Statutes 2020, section 504B.245, is amended to read:

504B.245 TENANT REPORT; REMEDIES.

deleted text begin The remedies provided in section 8.31 apply to deleted text end new text begin A residential tenant aggrieved by new text end a
violation of section 504B.241 new text begin is entitled to recover damages, together with costs and
disbursements, including costs of investigation and attorney fees, and receive other equitable
relief as determined by the court new text end . deleted text begin A residential tenant screening service or landlord in
compliance with the provisions of the Fair Credit Reporting Act, United States Code, title
15, section 1681, et seq., is considered to be in compliance with section 504B.241.
deleted text end

Sec. 4.

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

504B.321 COMPLAINT AND SUMMONS.

Subdivision 1.

deleted text begin Procedure deleted text end new text begin Complaint new text end .

(a) To bring an eviction action, the person
complaining shall file a complaint with the court, stating the full name deleted text begin and deleted text end new text begin , new text end date of birth new text begin ,
telephone number, and e-mail address new text end of the person new text begin or persons new text end 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 new text begin , telephone number, and e-mail address new text end
of the person against whom the complaint is made does not deprive the court of jurisdiction
or make the complaint invalid.

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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.
deleted text end

Subd. 2.

Expedited procedure.

(a) In an eviction action brought under section 504B.171
or on the basis that the 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 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 Contents of complaint. new text end

new text begin The person bringing the complaint must:
new text end

new text begin (1) attach the current written lease or most recent written lease in existence;
new text end

new text begin (2) if alleging nonpayment of rent, attach a detailed ledger or accounting of the amount
owed;
new text end

new text begin (3) if alleging a breach of lease, identify the clause of the lease which is the basis of the
allegation;
new text end

new text begin (4) if alleging a violation of section 504B.171, specify the conduct constituting the
alleged violation;
new text end

new text begin (5) if alleging a violation of section 504B.285, subdivision 1, attach a copy of any notice
to vacate or notice to quit; and
new text end

new text begin (6) indicate if the unit receives a federal or state housing subsidy through project-based
federal assistance payments, the Section 8 program, as defined in section 469.002, subdivision
24, or the low-income housing tax credit program, or other similar program.
new text end

new text begin Subd. 4. new text end

new text begin Summons. new text end

new text begin (a) 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. A copy of the complaint must be attached to the summons.
new text end

new text begin (b) The summons must include, at a minimum:
new text end

new text begin (1) the full name of the person against whom the complaint is brought;
new text end

new text begin (2) the date, time, and location of the hearing;
new text end

new text begin (3) information about the methods for participating in the court appearance, including,
if applicable, information for appearing by telephone or teleconferencing system and contact
information for the court regarding remote participation;
new text end

new text begin (4) the following statement: You have the right to seek legal help or request a reasonable
accommodation from the court for the court proceeding. If you can't afford a lawyer, free
legal help may be available. Contact your local Legal Aid office or visit the LawHelpMN
website at www.LawHelpMn.org for information and referrals;
new text end

new text begin (5) the following statement: To apply for financial assistance, contact your local county
or tribal social services office or call the United Way toll-free information line by dialing
2-1-1; and
new text end

new text begin (6) notification that a copy of the complaint is attached and has been filed with the court.
new text end

new text begin Subd. 5. new text end

new text begin Hearing. new text end

new text begin The court appearance described in this section shall not be less than
14 days from the day of issuing the summons, except as provided by subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Defective filing or service. new text end

new text begin The court must dismiss and expunge the record of
any action if the person bringing the action fails to comply with subdivision 1 or 2.
new text end

new text begin Subd. 7. 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

Sec. 5.

Minnesota Statutes 2020, section 504B.331, is amended to read:

504B.331 SUMMONS; HOW SERVED.

(a) The summons new text begin and complaint new text end must be served at least deleted text begin seven deleted text end new text begin 14 new text end days before the date
of the court appearance specified in section 504B.321, in the manner provided for service
of a summons in a civil action in district court. deleted text begin It may be served by any person not named
a party to the action.
deleted text end

(b) If the defendant cannot be found in the county, the summons new text begin and complaint new text end may be
served at least deleted text begin seven deleted text end new text begin 14 new text end days before the date of the court appearance by:

(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or

(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.

(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.

(d) Where the defendant cannot be found in the county, service of the summons new text begin and
complaint new text end may be made upon the defendant by posting the summons in a conspicuous place
on the property for not less than deleted text begin one week deleted text end new text begin 14 days new text end if:

(1) the property described in the complaint is:

(i) nonresidential and no person actually occupies the property; or

(ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and

(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit
stating that:

(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state; deleted text begin and
deleted text end

(ii) a copy of the summons new text begin and complaint new text end has been mailed to the defendant at the
defendant's last known address if any is known to the plaintiff deleted text begin . deleted text end new text begin ; and
new text end

new text begin (iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons by all forms of communication the plaintiff regularly uses to communicate
with the defendant, including e-mail and text message.
new text end

(e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.

Sec. 6.

Minnesota Statutes 2020, section 504B.335, is amended to read:

504B.335 ANSWER; TRIAL.

(a) At the court appearance specified in the summons, the defendant may answer the
complaint, new text begin either orally or in writing, new text end and the court shall deleted text begin hear and decide the action, unless
it grants a continuance of the trial as provided in section 504B.341. deleted text end new text begin :
new text end

new text begin (1) dismiss the action;
new text end

new text begin (2) approve a settlement between the parties;
new text end

new text begin (3) schedule a trial for no fewer than ten days after the appearance; or
new text end

new text begin (4) continue the matter for such other hearings the court deems appropriate.
new text end

new text begin (b) If any defendant fails to appear at the scheduled court appearance, the court shall
review the court records and determine whether the complaint was properly served pursuant
to section 504B.331. The court shall:
new text end

new text begin (1) dismiss the case for improper service;
new text end

new text begin (2) proceed with a trial on the allegations in the complaint; or
new text end

new text begin (3) schedule and provide notice to all parties of the date and time of a trial.
new text end

new text begin (c) When scheduling a trial, the court must consider all aspects of the case, including
the complexity of the matter; the need for parties to obtain discovery; the need for parties
to secure the presence of witnesses; the opportunity for the defendant to seek legal counsel,
apply for any emergency financial assistance that may be available, or both; and any
extenuating factors enumerated under section 504B.171.
new text end

new text begin (d) The parties shall cooperate with reasonable informal discovery requests by another
party.
new text end

deleted text begin (b) deleted text end new text begin (e) new text end Either party may demand a trial by jury.

deleted text begin (c) deleted text end new text begin (f) new text end The proceedings in the action are the same as in other civil actions, except as
provided in sections 504B.281 to 504B.371.

deleted text begin (d) The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the defendant
is a tenant and is causing a nuisance or seriously endangers the safety of other residents,
their property, or the landlord's property.
deleted text end

new text begin (g) Nothing in this section affects the rights of a landlord under section 504B.321,
subdivision 2.
new text end

new text begin (h) The court may not require the defendant to pay any amount of money into court,
post a bond, or by any other means post security for any purpose prior to final disposition
of the action, except for appeals as provided in section 504B.371.
new text end

Sec. 7.

new text begin [504B.337] ENFORCEMENT OF SETTLEMENT AGREEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of compliance with settlement agreement. new text end

new text begin A party who believes
the other party has failed to comply with a court-approved settlement agreement may seek
judicial enforcement of the agreement after serving upon the other party an affidavit. A
party may file an affidavit that sets forth the specific facts constituting the alleged settlement
violation. The party must serve this affidavit on all other parties.
new text end

new text begin Subd. 2. new text end

new text begin Adjudication. new text end

new text begin The court may schedule a hearing on the evidence or make a
determination based on any filings and evidence submitted by the parties on the issue.
new text end

new text begin Subd. 3. new text end

new text begin Stay of writ of recovery. new text end

new text begin No writ of recovery shall be issued until the hearing
has been held and a judgment on the matter entered.
new text end

Sec. 8.

Minnesota Statutes 2020, section 504B.345, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.

(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.

(c) If the court or jury finds for the defendant new text begin , the court new text end :

(1) deleted text begin the court deleted text end shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendant; deleted text begin and
deleted text end

(2) deleted text begin the court may deleted text end new text begin must new text end expunge the records relating to the action under the provisions
of section 484.014 or under the court's inherent authority at the time judgment is entered
or after that time upon motion of the defendant deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) may order relief as provided in section 504B.425, including retroactive rent abatement.
new text end

(d) Except in actions brought: (1) under section 504B.291 as required by section
609.5317, subdivision 1; (2) under section 504B.171; or (3) on the basis that the tenant is
causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property, deleted text begin upon a showing by the defendant that immediate restitution of the
premises would work a substantial hardship upon the defendant or the defendant's family, deleted text end
the court shall stay the writ of recovery of premises and order to vacate for deleted text begin a reasonable
period, not to exceed seven days deleted text end new text begin a minimum of seven days. In establishing the period of
the stay, the court must consider extenuating circumstances or any hardships that would be
suffered by the defendant new text end .

new text begin (e) This section applies to any writ of recovery issued at the conclusion of a trial pursuant
to section 504B.335, paragraph (a) or (b).
new text end

Sec. 9.

Minnesota Statutes 2020, section 504B.345, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Motion to vacate judgment. new text end

new text begin Notwithstanding any other law to the contrary,
the defendant may bring a motion to vacate a judgment in an eviction action and may appeal
an order denying a motion to vacate a judgment to the same extent and under the same
guidelines as a party to any other civil action.
new text end

Sec. 10.

Minnesota Statutes 2020, section 504B.361, subdivision 1, is amended to read:

Subdivision 1.

Summons and writ.

The state court administrator shall develop a uniform
form for the summons and writ of recovery of premises and order to vacate. new text begin The summons
shall conform to the requirements enumerated under section 504B.321, subdivision 3. The
writ of recovery of premises and order to vacate must include:
new text end

new text begin (1) the following statement: If you want to seek legal help and can't afford a lawyer, free
legal help may be available. Contact your local Legal Aid office or visit the LawHelpMN
website at www.LawHelpMn.org for information and referrals; and
new text end

new text begin (2) the following statement: To apply for financial assistance or other social services,
contact your local county or tribal social services office or call the United Way toll-free
information line by dialing 2-1-1.
new text end

Sec. 11.

Minnesota Statutes 2020, section 504B.371, subdivision 4, is amended to read:

Subd. 4.

Stay pending appeal.

After the appeal is taken, all further proceedings in the
case are stayed deleted text begin , except as provided in subdivision 7 deleted text end .

Sec. 12.

Minnesota Statutes 2020, section 504B.371, subdivision 5, is amended to read:

Subd. 5.

Stay of writ issued before appeal.

(a) deleted text begin Except as provided in subdivision 7, deleted text end If
the court issues a writ for recovery of premises and order to vacate before an appeal is taken,
the appealing party may request that the court stay further proceedings and execution of the
writ for possession of premises and order to vacate, and the court shall grant a stay.

(b) If the party appealing remains in possession of the premises, that party must give a
bond under subdivision 3.

(c) When the officer who has the writ for possession of premises and order to vacate is
served with the order granting the stay, the officer shall cease all further proceedings. If the
writ for possession of premises and order to vacate has not been completely executed, the
defendant shall remain in possession of the premises until the appeal is decided.

Sec. 13.

Minnesota Statutes 2020, section 504B.371, subdivision 7, is amended to read:

Subd. 7.

Exception.

Subdivisions 1, 4, and 6 do not apply in an deleted text begin action on a lease, against
a tenant holding over after the expiration of the term of the lease, or a termination of the
lease by a notice to quit, deleted text end new text begin action where the plaintiff has prevailed on a claim pursuant to
section 504B.171, subdivision 2, new text end if the plaintiff gives a bond conditioned to pay all costs
and damages if on the appeal the judgment of restitution is reversed and a new trial ordered.
In such a case, the court shall issue a writ for recovery of premises and order to vacate
notwithstanding the notice of appeal, as if no appeal had been taken, and the appellate court
shall issue all needful writs and processes to carry out any judgment which may be rendered
in the court.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 504B.341, new text end new text begin is repealed.
new text end

Sec. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 14 are effective August 1, 2021, and apply to actions filed on or after that
date.
new text end

APPENDIX

Repealed Minnesota Statutes: H1060-2

504B.341 CONTINUANCE OF TRIAL.

(a) In an eviction action, the court, in its discretion, may grant a continuance of the trial for no more than six days unless all parties consent to longer continuance.

(b) However, in all actions brought under section 504B.285, other than actions on a written lease signed by both parties, the court shall continue the trial as necessary but for no more than three months if the defendant or the defendant's agent or attorney:

(1) states under oath that the defendant cannot proceed to trial because a material witness is not present;

(2) names the witness;

(3) states under oath that the defendant has made due exertion to obtain the witness;

(4) states the belief that if the continuance is allowed the defendant will be able to procure the attendance of the witness at the trial or to obtain the witness's deposition; and

(5) gives a bond that the plaintiff will be paid all rent that accrues during the pendency of the action and all costs and damages that accrue due to the adjournment.