HF 3152

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/03/2022 03:31pm

A bill for an act
relating to storage units; providing notice to a tenant about storage unit access;
providing a cause of action for access to a storage unit; amending Minnesota
Statutes 2021 Supplement, section 514.972, subdivision 5.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 514.972, subdivision 5, is amended
to read:

Subd. 5.

Access to certain items.

(a) Any occupant may remove from the self-storage
facility personal papers and health aids upon demand made to any of the persons listed in
section 514.976, subdivision 1.

(b) An occupant who provides documentation from a government or nonprofit agency
or legal aid office that the occupant is a recipient of relief based on need, is eligible for legal
aid services, or is a survivor of domestic violence or sexual assault may remove, in addition
to the items provided in paragraph (a), personal clothing of the occupant and the occupant's
dependents and tools of the trade that are necessary for the livelihood of the occupant that
has a market value not to exceed $125 per item.

(c) The occupant shall present a list of the items and may remove the items during the
facility's ordinary business hours prior to the sale authorized by section 514.973. If the
owner unjustifiably denies the occupant access for the purpose of removing the items
specified in this subdivision, the occupant is entitled to request relief from the court for an
order allowing access to the storage space for removal of the specified items. The self-service
storage facility is liable to the occupant for the costs, disbursements, and attorney fees
expended by the occupant to obtain this order new text begin , except the occupant is not required to present
a list of personal papers the occupant seeks to remove. A storage facility refusing to allow
access under paragraph (a) or (b) must provide the occupant with the following verbatim
notice: "For the reason(s) listed below, we refuse to allow you to get into your storage unit
to get your things. You may want to contact a private lawyer or Legal Aid to learn about
your rights. (Reason for refusal must be provided in this notice.)" A storage facility must
provide the reason for refusing to allow access to the storage unit with this notice new text end .

(d) For the purposes of this subdivision, "relief based on need" includes but is not limited
to receipt of a benefit from the Minnesota family investment program and diversionary
work program, medical assistance, general assistance, emergency general assistance,
Minnesota supplemental aid, Minnesota supplemental aid housing assistance, MinnesotaCare,
Supplemental Security Income, energy assistance, emergency assistance, Supplemental
Nutrition Assistance Program benefits, earned income tax credit, or Minnesota working
family tax credit. Relief based on need can also be proven by providing documentation from
a legal aid organization that the individual is receiving legal aid assistance, or by providing
documentation from a government agency, nonprofit, or housing assistance program that
the individual is receiving assistance due to domestic violence or sexual assault.

new text begin (e) If the owner unjustifiably denies the occupant access for the purpose of removing
the items specified in this subdivision, the occupant is entitled to request relief from the
court for an order allowing access to the storage space for removal of the specified items.
If the owner unjustifiably sells or disposes of the occupant's property, the facility is liable
to the owner for statutory damages in the amount of $2,000. The self-service storage facility
is liable to the occupant for the costs, disbursements, and attorney fees expended by the
occupant to obtain an order under this subdivision.
new text end