HF 1356

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/22/2021 02:28pm

A bill for an act
relating to homelessness; establishing a shelter resident bill of rights; directing the
commissioner of human services to develop recommendations for establishing
shelter registration and oversight; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 256K.

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

Section 1.

new text begin [256K.50] CITATION.
new text end

new text begin Sections 256K.50 to 256K.59 may be cited as the "Shelter Resident Bill of Rights."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 2.

new text begin [256K.51] POLICY.
new text end

new text begin Individuals and families experiencing homelessness and residing in shelter have the
right to an equal opportunity to live and be treated with human dignity, as well as the right
to a decent, welcoming, safe, and sanitary housing environment in public and private shelter
facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 3.

new text begin [256K.52] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of sections 256K.50 to 256K.59, the terms in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Assault. new text end

new text begin "Assault" means the intentional infliction of bodily harm upon another.
new text end

new text begin Subd. 3. new text end

new text begin Bodily harm. new text end

new text begin "Bodily harm" has the meaning given in section 609.02,
subdivision 7.
new text end

new text begin Subd. 4. new text end

new text begin Business day. new text end

new text begin "Business day" has the meaning given in section 325G.06,
subdivision 6.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human services.
new text end

new text begin Subd. 6. new text end

new text begin Criminal sexual conduct. new text end

new text begin "Criminal sexual conduct" has the meaning given
in sections 609.342 to 609.3451.
new text end

new text begin Subd. 7. new text end

new text begin Dangerous weapon. new text end

new text begin "Dangerous weapon" has the meaning given in section
609.02, subdivision 6.
new text end

new text begin Subd. 8. new text end

new text begin Disability. new text end

new text begin "Disability" has the meaning given in section 363A.03, subdivision
12.
new text end

new text begin Subd. 9. new text end

new text begin Extenuating circumstances. new text end

new text begin "Extenuating circumstances" means any
circumstance that may excuse, explain, provide context for, or reduce the culpability of a
resident's conduct.
new text end

new text begin Subd. 10. new text end

new text begin Family. new text end

new text begin "Family" has the meaning given in Code of Federal Regulations, title
24, section 5.403.
new text end

new text begin Subd. 11. new text end

new text begin Harm reduction shelter. new text end

new text begin "Harm reduction shelter" means an approach to
provide shelter for individuals and families experiencing homelessness that focuses on
strategies to reduce harm from high-risk substance use, rather than insisting on abstinence,
and seeking to provide access to services to as many people as possible.
new text end

new text begin Subd. 12. new text end

new text begin Hazardous weather conditions. new text end

new text begin "Hazardous weather conditions" means a
weather condition where, in the county where the shelter is located, the National Weather
Service has issued a tornado warning; a severe thunderstorm warning; a flood or flash flood
warning; a winter storm, heavy snow, blizzard, or ice storm warning; a wind chill warning
or advisory; a high wind warning; or an excessive heat advisory or warning.
new text end

new text begin Subd. 13. new text end

new text begin Health care professional. new text end

new text begin "Health care professional" means a health care
provider who is:
new text end

new text begin (1) a licensed health care professional, as defined in section 148.6402, subdivision 13;
or
new text end

new text begin (2) an individual providing clinical services in the treatment of mental illness who is
qualified in at least one of the ways specified in section 245.462, subdivision 18.
new text end

new text begin Subd. 14. new text end

new text begin Homeless or homelessness. new text end

new text begin "Homeless" or "homelessness" means lacking a
fixed, regular, and adequate nighttime residence.
new text end

new text begin Subd. 15. new text end

new text begin Low barrier shelter. new text end

new text begin "Low barrier shelter" means removing as many restrictive
rules, requirements, and policies as possible to enable as many in need of shelter as possible
to obtain shelter.
new text end

new text begin Subd. 16. new text end

new text begin Premises. new text end

new text begin "Premises" means shelter property or its curtilage.
new text end

new text begin Subd. 17. new text end

new text begin Resident. new text end

new text begin "Resident" means a person residing in a shelter, including all
members of a family unit.
new text end

new text begin Subd. 18. new text end

new text begin Shelter. new text end

new text begin "Shelter" means an indoor sleeping and sanitary dwelling, whether
in a fixed or rotating location, intended for individuals and families experiencing
homelessness, provided by a unit of government, a nonprofit organization, or a place of
worship. Shelter includes rooms in hotels or motels paid for by a unit of government or
nonprofit organization and daytime accommodations for individuals or families for whom
shelter is provided only overnight.
new text end

new text begin Subd. 19. new text end

new text begin Theft. new text end

new text begin "Theft" means intentionally damaging or, without claim of right or
consent, taking, using, transferring, concealing, or retaining possession of tangible property
of a resident or the shelter.
new text end

new text begin Subd. 20. new text end

new text begin Willful. new text end

new text begin "Willful" means an act committed with a specific intent to cause a
result.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 4.

new text begin [256K.53] RIGHTS OF SHELTER RESIDENTS.
new text end

new text begin (a) Residents of shelter have the right to:
new text end

new text begin (1) be treated with dignity and respect by trained and compassionate staff who create a
safe and welcoming atmosphere;
new text end

new text begin (2) have all members of their families stay together while in the shelter;
new text end

new text begin (3) be granted access to shelter and, while in shelter, be treated without discrimination
based on race, color, creed, ethnicity, national origin, citizenship, gender, gender identity,
sexual orientation, familial status, marital status, veteran status, immigration status, status
with regard to public assistance, disability, religion, or age;
new text end

new text begin (4) personal safety, which shall include protection from violence while in shelter;
new text end

new text begin (5) be free from warrantless seizure of their person or property by law enforcement;
new text end

new text begin (6) be treated as victims, not perpetrators, when calling for police assistance;
new text end

new text begin (7) the same reasonable expectation of privacy in the resident's personal property while
residing in temporary shelter as an individual residing in a permanent residence;
new text end

new text begin (8) the protection and safeguarding of personal property and personal information;
new text end

new text begin (9) reasonable and enforced quiet hours;
new text end

new text begin (10) the return of any money paid and due after eviction or separation from shelter;
new text end

new text begin (11) locks for storage spaces, including lockers, to which staff does not have a key or
access code;
new text end

new text begin (12) access to necessary hygiene and sanitary products;
new text end

new text begin (13) access to emergency and nonemergency medical and dental care;
new text end

new text begin (14) accommodations for a resident's work and child care hours and schedules,
circumstances involving obligations to relatives or other individuals who do not reside in
the shelter, and other life circumstances;
new text end

new text begin (15) be clearly informed of the shelter's policies, procedures, rules, and any restrictions,
including but not limited to grievance policies and procedures;
new text end

new text begin (16) file grievances with shelter staff and management and receive a written determination
including the rationale for the decision; and
new text end

new text begin (17) referrals to resources and services relating to housing and supportive housing,
mental health, physical health, substance abuse, sources of financial assistance, employment,
and other basic needs.
new text end

new text begin (b) Nothing in this section prevents shelters from offering services to a discrete category
of individuals experiencing homelessness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 5.

new text begin [256K.54] OBLIGATIONS OF SHELTER PROVIDERS.
new text end

new text begin At a minimum, shelter providers must:
new text end

new text begin (1) not place time limits on residency;
new text end

new text begin (2) maintain an appropriate ratio of overnight staff to number of residents;
new text end

new text begin (3) establish policies and train on-site staff about policies and best practices regarding
conflict resolution, cultural sensitivity, engaging people with a mental illness, crisis response,
providing trauma-informed services, and the requirements of this section;
new text end

new text begin (4) establish procedures and acquire technologies to accommodate, communicate with,
and translate written materials for residents whose primary language is not English, who
are blind or deaf, or who have a communication impairment;
new text end

new text begin (5) ensure shelters have tables, bathroom facilities, and shower stalls adequate to
accommodate the maximum number of residents the shelter may legally house;
new text end

new text begin (6) comply with all applicable food safety laws and regulations in shelters where food
is served;
new text end

new text begin (7) inquire upon entry whether the resident has a food or other allergy, or any dietary
or religious restrictions and, to the extent feasible, provide accommodations for the resident's
allergy or restriction;
new text end

new text begin (8) maintain a dedicated cleaning staff and maintain cleanliness in the shelter;
new text end

new text begin (9) maintain all beds in good repair;
new text end

new text begin (10) immediately replace beds where an infestation is found as well as beds in immediate
proximity to beds where an infestation is found;
new text end

new text begin (11) keep bags and other personal property of residents safe;
new text end

new text begin (12) remove drugs, alcohol, guns, or other dangerous weapons;
new text end

new text begin (13) return any legal property checked or confiscated;
new text end

new text begin (14) arrange a meeting between a case manager and a new resident as soon as possible
during an initial stay;
new text end

new text begin (15) attempt to connect a resident with appropriate resources and services when the
resident is in imminent danger of self-harm;
new text end

new text begin (16) keep personal possessions left by residents at a shelter at least 30 days;
new text end

new text begin (17) where conduct is alleged that could lead to eviction, conduct a reasonable
investigation of the facts, allegations, and extenuating circumstances, which must include,
at a minimum, obtaining statements from the resident subject to eviction and any witnesses,
and examining any documentary or electronic evidence presented or reasonably available;
new text end

new text begin (18) establish a grievance process and clearly and conspicuously communicate to residents
how and to whom initial grievances should be made, and how and to whom appeals should
be made if the resident is dissatisfied with the response to the initial grievance;
new text end

new text begin (19) inform new residents of the availability of reasonable accommodations, inquire
whether accommodations are necessary, assist residents in obtaining any necessary
documentation of disabilities, provide reasonable accommodations if needed, and provide
equal access to programs and services; and
new text end

new text begin (20) develop, in consultation with residents and former residents, a printed handbook
in plain language to be provided to each incoming resident that clearly states all rules,
expectations, costs, policies, and all other relevant information, including but not limited
to quiet hours, grievance policies, and temporary absences.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 6.

new text begin [256K.545] DUTIES OF THE COMMISSIONER.
new text end

new text begin In order to ensure that all residents are receiving adequate service in a shelter, the
commissioner shall develop and provide ongoing support for a statewide call line for shelter
residents to submit complaints about their experience at a shelter.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective August 1, 2021, and
the call line must be operational by August 1, 2022.
new text end

Sec. 7.

new text begin [256K.55] TERMINATION FROM SHELTER RESIDENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Termination of residency with same-day notice. new text end

new text begin A shelter may, on the
same day the notice required under subdivision 5 is given, terminate a shelter residency on
the same day if the resident, on shelter premises:
new text end

new text begin (1) commits an assault;
new text end

new text begin (2) possesses a firearm in a shelter that has posted a sign banning guns;
new text end

new text begin (3) possesses an illegal firearm or stolen property; or
new text end

new text begin (4) commits criminal sexual conduct.
new text end

new text begin Subd. 2. new text end

new text begin Termination of residency with one business day notice. new text end

new text begin A shelter, no sooner
than one business day after providing the notice required under subdivision 5, may terminate
a shelter residency if the resident, on shelter premises:
new text end

new text begin (1) commits theft;
new text end

new text begin (2) willfully damages the property of a person or the shelter; or
new text end

new text begin (3) engages in conduct that seriously and imminently endangers another resident, a
volunteer, or a staff member.
new text end

new text begin Subd. 3. new text end

new text begin Termination of residency with ten-day notice. new text end

new text begin A shelter, no sooner than ten
days after providing the notice required under subdivision 5, may terminate a shelter
residency if the resident:
new text end

new text begin (1) willfully commits a rule violation that is not reasonably justified considering all
extenuating circumstances, including but not limited to whether the shelter has issued a
warning that such a rule violation is grounds for eviction;
new text end

new text begin (2) has failed to pay amounts due to the shelter which are the resident's responsibility;
or
new text end

new text begin (3) no longer meets the applicable eligibility requirements for the shelter.
new text end

new text begin Subd. 4. new text end

new text begin Restrictions on termination of residency. new text end

new text begin (a) A shelter may not terminate a
shelter residency because:
new text end

new text begin (1) the resident complains or threatens to complain about shelter conditions or the conduct
of staff to:
new text end

new text begin (i) shelter staff or management;
new text end

new text begin (ii) a government agency or nonprofit organization;
new text end

new text begin (iii) the media; or
new text end

new text begin (iv) other residents or persons;
new text end

new text begin (2) the resident seeks legal assistance or takes legal action against the shelter; or
new text end

new text begin (3) the resident asserts rights granted under this section or section 256K.53.
new text end

new text begin (b) A shelter may not terminate a shelter residency if:
new text end

new text begin (1) the loss of shelter would jeopardize the ability of the individual or family to enter
supportive housing; or
new text end

new text begin (2) a resident provides documentation from a health care professional or other reasonable
documentation that a family member has a medical condition that places the person at
elevated risk of harm if the resident is evicted from shelter.
new text end

new text begin (c) When hazardous weather conditions are in effect at the time the termination of shelter
residency is to become effective, the resident may not be terminated from shelter residency
sooner than the next business day after the hazardous weather conditions have abated.
new text end

new text begin (d) When a resident has requested a reasonable accommodation to respond to the
circumstances alleged as the basis for an eviction, the resident may not be terminated from
shelter residency until the shelter and any relevant state or local government agency or
agencies have investigated and found that a reasonable accommodation may be legally
denied.
new text end

new text begin (e) When the person who engages in conduct that is subject to termination of shelter
residency under this section is not the only parent or the only child in the household, the
shelter must give the remaining parent or children the option to remain in the shelter.
new text end

new text begin (f) The actions of a child age 12 or younger may not be a basis for termination of shelter
residency. For children aged 13 or older, the child's age shall be considered as an extenuating
circumstance.
new text end

new text begin (g) Retaliation for the conduct protected by sections 256K.50 to 256K.59 shall be a
defense to termination of shelter residency.
new text end

new text begin (h) Terminations of shelter residency, other than those conducted under subdivision 1,
may take place only between the hours of 9:00 a.m. and 5:00 p.m. on a business day.
new text end

new text begin Subd. 5. new text end

new text begin Notice. new text end

new text begin A shelter must provide to the resident written notice of a shelter
residency termination. The notice must contain in clear and understandable language:
new text end

new text begin (1) the effective date and time of the termination;
new text end

new text begin (2) the reason or reasons for the termination;
new text end

new text begin (3) how the resident may initiate a grievance with the shelter;
new text end

new text begin (4) a statement that the resident has the right to appeal;
new text end

new text begin (5) contact information for the government agency to which an appeal may be filed, and
the procedure and deadline to file the appeal, if applicable; and
new text end

new text begin (6) contact information for the local legal aid office.
new text end

new text begin Subd. 6. new text end

new text begin Exception. new text end

new text begin This section does not apply to the transfer of a resident from one
shelter to another shelter.
new text end

new text begin Subd. 7. new text end

new text begin Interpretation. new text end

new text begin (a) This section shall be liberally construed in favor of
maintaining families in emergency shelter.
new text end

new text begin (b) Nothing in this section shall be construed to affect or impede the provision of low
barrier and harm reduction shelter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

new text begin [256K.56] APPEALS.
new text end

new text begin Subdivision 1. new text end

new text begin Right to appeal. new text end

new text begin A resident has the right to appeal any termination of
shelter residency and is entitled to a hearing under sections 256.045 and 256.0451. A resident
need not exhaust any internal grievance process prior to filing an appeal.
new text end

new text begin Subd. 2. new text end

new text begin Time to appeal. new text end

new text begin An appeal must be filed within 30 days after the date that
notice of termination under section 256K.55, subdivision 5, is received by the resident, or
within 90 days if the resident shows good cause for not having filed an appeal within 30
days. If an appeal is timely filed, the resident is entitled to continuing shelter pending the
final decision of the commissioner, either at the shelter which is subject to the dispute or at
another shelter that provides access to the resident on a 24-hour basis.
new text end

new text begin Subd. 3. new text end

new text begin Burden of proof. new text end

new text begin At a hearing conducted under section 256.0451, the shelter
has the burden of proving that the termination of shelter residency is lawful and supported
by the evidence.
new text end

new text begin Subd. 4. new text end

new text begin Decision on appeal. new text end

new text begin (a) If the resident prevails in the appeal, the commissioner
shall, as applicable:
new text end

new text begin (1) order the shelter not to terminate the residency;
new text end

new text begin (2) order the shelter to readmit the resident at the first available opening; or
new text end

new text begin (3) order that the resident be placed in other shelter to which the resident has 24-hour
access, either on an ongoing basis or until an opening occurs at the shelter which is the
subject of the dispute.
new text end

new text begin (b) If a circumstance occurs that is alleged to be a new basis for termination while a
resident is receiving continuing shelter pending appeal, the shelter must follow the
requirements set forth under section 256K.55. If the new termination is appealed, the
commissioner may consolidate the appeals.
new text end

new text begin (c) Nothing in this section affects the right of a resident to judicial review under section
256.045, subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 9.

new text begin [256K.57] ENFORCEMENT.
new text end

new text begin A violation of sections 256K.50 to 256K.59 is a violation of section 363A.12, subdivision
1, and a resident has the right to file a grievance under section 363A.28.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 10.

new text begin [256K.58] OTHER LAWS.
new text end

new text begin Nothing in sections 256K.50 to 256K.58 shall be construed to prevent the ability of
shelter residents to assert the rights and remedies under:
new text end

new text begin (1) the Minnesota Human Rights Act, chapter 363A;
new text end

new text begin (2) chapter 504B;
new text end

new text begin (3) the Violence Against Women Act, United States Code, title 42, section 13931, et
seq., as amended;
new text end

new text begin (4) the Fair Housing Act, United States Code, title 42, section 3601, et seq., as amended;
new text end

new text begin (5) the Americans with Disabilities Act of 1990, United States Code, title 42, section
12101, et seq, as amended; and
new text end

new text begin (6) section 504 of the Rehabilitation Act of 1973, United States Code, title 29, section
701, et seq., as amended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 11.

new text begin [256K.59] NO WAIVER.
new text end

new text begin The provisions of sections 256K.50 to 256K.58 cannot be waived.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 12. new text begin DIRECTION TO COMMISSIONER; SHELTER REGISTRATION AND
OVERSIGHT.
new text end

new text begin (a) The commissioner of human services shall, in consultation with the commissioner
of the Minnesota Housing Finance Agency, the commissioner of human rights, shelter
residents and organizations representing shelter residents, and shelter providers, develop
recommendations for establishing registration, oversight, and enforcement of the provision
of shelter for individuals and families experiencing homelessness in Minnesota. In developing
the recommendations, the commissioner, at a minimum, must consider the type of shelter
provided, the different categories of providers, shelter funding sources, and the various
populations served by shelters.
new text end

new text begin (b) The commissioner shall report to the chairs and ranking minority members of the
legislative committees with jurisdiction over housing and homelessness on the
recommendations under paragraph (a) by February 15, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 13. new text begin APPROPRIATIONS.
new text end

new text begin Subd. 1. new text end

new text begin Commissioner of human services. new text end

new text begin (a) $....... in fiscal year 2022 and $....... in
fiscal year 2023 are appropriated from the general fund to the commissioner of human
services to support shelters in complying with Minnesota Statutes, sections 256K.50 to
256K.59.
new text end

new text begin (b) $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the
general fund to the commissioner of human services to establish and provide ongoing support
for the statewide shelter call line under Minnesota Statutes, section 256K.545.
new text end

new text begin (c) $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the
general fund to the commissioner of human services to develop recommendations for
establishing shelter registration and oversight of the provision of shelter for individuals and
families experiencing homelessness in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner of human rights. new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal
year 2023 are appropriated from the general fund to the commissioner of human rights to
implement Minnesota Statutes, section 256K.57.
new text end