Minnesota Legislature
HF 3097
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 01:31pm
Current Version - as introduced
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A bill for an act
relating to real property; landlord and tenant; providing for care facilities; proposing coding for new law in Minnesota Statutes, chapter 504B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[504B.50] MUNICIPAL RENTAL LICENSES.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) "Action of the licensing agency" means any licensing
agency action denying the application, or on a rental license granted to an applicant under
this section, revocation of the rental license or notice of intent to revoke the rental license.
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(b) "Applicant" means a person or entity that applied for a rental license.
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(c) "Application" means an application for a rental license from a care facility or a person
or entity stating in the application the intent to operate as a care facility.
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(d) "Care facility" means a residential facility or establishment under chapters 144A,
144G, 245A, and 245D, and a residential building, facility, or establishment eligible for
payment under chapter 256I.
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(e) "Dwelling unit" means any building or portion thereof that contains living facilities,
including provisions for sleeping, eating, cooking and sanitation.
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(f) "Interested party" means:
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(1) the applicant, rental licensee, landlord, and tenant; and
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(2) in the case of a care facility, the applicant, rental licensee, owner, operator, resident,
Office of Ombudsman for Long-Term Care, Office of the Ombudsman for Mental Health
and Developmental Disabilities, the agency of the State of Minnesota that regulates the care
facility, the Minnesota Department of Human Rights, the Minnesota Attorney General, and
the Minnesota Disability Law Center.
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(g) "Other interested party" means:
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(1) a guardian of a resident of a care facility under chapter 524;
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(2) a conservator of a resident of a care facility under chapter 524;
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(3) a health care agent of a resident of a care facility under chapter 145C;
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(4) an attorney-in-fact of a resident of a care facility under chapter 523;
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(5) a designated representative of a resident of a care facility under chapter 144G;
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(6) a care coordinator of a resident of a care facility; or
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(7) an adult mental health case manager of a resident of a care facility.
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(h) "Licensing agency" means a county, city, or municipality or agency thereof that
grants, denies, and revokes rental licenses.
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(i) "Rental license" means a license or permit required by a county, city, or municipality
for a person or entity to operate, let, or cause to be let a rental dwelling unit.
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(j) "Rental licensee" means a person or entity possessing a rental license.
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new text begin Subd. 2. new text end
new text begin Notice of licensing agency action. new text end
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The licensing agency shall provide written
notice of any action of the licensing agency to interested parties by first class mail. All
notices of an action of the licensing agency shall state that the applicant, rental licensee,
and interested parties have the right to file an action under this section to challenge the
licensing agency action within 30 days. Within seven days of receiving notice of any action
of the licensing agency, a care facility shall provide notice of the action of the licensing
agency to other interested parties by first class mail.
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new text begin Subd. 3. new text end
new text begin Municipal rental license action. new text end
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(a) An interested party or other interested
party may challenge an action of the licensing agency by filing an action in the district court
that hears actions under this chapter within 30 days of the licensing agency's notice action
of the licensing agency. The filing of the action stays the action of the licensing agency.
The complaint shall state the grounds for challenging the action of the licensing agency that
may include: (1) licensing agency violations of federal, state, or local law; (2) findings and
conclusions of the licensing agency not supported by the evidence; and (3) in the case of a
care facility, that the care facility is complying with the law, regulations, and orders of the
agency of the State of Minnesota that regulates the care facility. The court must provide a
simplified form affidavit for use under this paragraph.
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(b) The court administrator may charge a filing fee in the amount set for complaints in
conciliation court, subject to the filing of an inability to pay affidavit.
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(c) The court must set the date for a first hearing not less than 20 nor more than 30 days
from the day of filing the complaint. The court may schedule additional hearings.
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(d) The court administrator shall notify the parties of the time and place of the first
hearing by first class mail.
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(e) The licensing agency shall notify interested parties by first class mail within seven
days of receipt of notice from the court administrator. The notice shall include the complaint
and all interested parties notified by the licensing agency.
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(f) A care facility shall notify all other interested parties by first class mail within seven
days of receipt of notice from the licensing agency.
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(g) If the court determines that the applicant or rental licensee is complying with federal,
state, or local law, or if the licensing agency is violating federal, state, or local law, the court
shall reverse or modify the action of the licensing agency. If the court determines that the
applicant or rental licensee is not complying with federal, state, or local law, the court may
affirm the action of the licensing agency or order the applicant or rental licensee to take
corrective action, stay the action of the licensing agency, and retain jurisdiction of the action
to determine if the applicant or rental licensee has complied with the court's order.
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Sec. 2.
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[504B.51] EVICTION OR TERMINATION OF LEASE OF CARE
FACILITIES.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
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"Care facility" means a residential facility or establishment
under chapters 144A, 144G, 245A, and 245D, and a residential building, facility, or
establishment eligible for payment under chapter 256I.
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new text begin Subd. 2. new text end
new text begin Notice prior to eviction or termination. new text end
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(a) Where a tenant is a care facility,
a landlord must provide a written notice of intent to evict, terminate a tenancy at will, or
issue a notice to quit to the tenant, Office of Ombudsman for Long-Term Care, Office of
the Ombudsman for Mental Health and Developmental Disabilities, and the agency of the
State of Minnesota that regulates the care facility. The notice shall:
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(1) be delivered personally or mailed to the tenant at the tenant's business address and,
if different, the address of leased premises, and the Office of Ombudsman for Long-Term
Care, Office of the Ombudsman for Mental Health and Developmental Disabilities, and the
agency of the State of Minnesota that regulates the care facility;
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(2) include the reasons for the eviction or termination or notice to quit; and
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(3) provide the proposed time by which the tenant must vacate in no less than 30 days.
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(b) The landlord must attach to the pretermination notice a copy of the intended notice
to terminate the tenancy or notice to quit, with a statement that the attachment is an intended
notice and does not yet serve as official notice.
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(c) Within seven days of receiving notice of a pretermination notice, the care facility
shall submit a closure plan to the agency of the State of Minnesota that regulates the care
facility.
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new text begin Subd. 3. new text end
new text begin Restriction on issuance of notice. new text end
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The landlord must not proceed with an
eviction or termination until the agency of the State of Minnesota that regulates the care
facility has approved a closure plan and provided the notice of approval to the landlord.
The eviction or termination of the care facility must comply with all applicable laws and
must not require the care facility or its residents to vacate the premises prior to the date
approved for closure of the care facility.
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new text begin Subd. 4. new text end
new text begin Affirmative defense. new text end
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It is an affirmative defense to an eviction action if a
landlord has not complied with this section.
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