HF 3844

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 04:39pm

A bill for an act
relating to civil law; modifying certain tenant screening laws; providing for
remedies for violations of tenant screening laws; amending an effective date related
to eviction records; amending Minnesota Statutes 2022, sections 504B.173,
subdivision 4, by adding a subdivision; 504B.241, subdivision 4; 504B.245; Laws
2023, chapter 52, article 19, section 120.

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

Section 1.

Minnesota Statutes 2022, section 504B.173, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Denial based on pending cases. new text end

new text begin (a) No landlord may deny a rental application
based on any of the following:
new text end

new text begin (1) a pending eviction action;
new text end

new text begin (2) any court file that is not public, has been expunged, or has been destroyed; or
new text end

new text begin (3) any eviction action that has not resulted in a writ of recovery of premises and order
to vacate, as that term is defined in section 504B.001, subdivision 15.
new text end

new text begin (b) There shall be a rebuttable presumption that a landlord is in violation of this section
if it is established that the landlord:
new text end

new text begin (1) reviewed court records relating to a potential tenant and the records met the criteria
described in paragraph (a); and
new text end

new text begin (2) after reviewing the record or records, subsequently refuses to rent or offer a lease to
the potential tenant.
new text end

Sec. 2.

Minnesota Statutes 2022, section 504B.173, subdivision 4, is amended to read:

Subd. 4.

Remedies.

(a) In addition to any other remedies, a landlord who violates deleted text begin this
section deleted text end new text begin subdivisions 1 to 3 new text end is liable to the applicant for the applicant screening fee plus a
civil penalty of up to $100, civil court filing costs, and reasonable attorney fees incurred to
enforce this remedy. new text begin A landlord who violates subdivision 3a is liable to the applicant for
the applicant screening fee plus a civil penalty of up to $1,000, civil court filing costs, and
reasonable attorney fees incurred to enforce this remedy.
new text end

(b) A prospective tenant who provides materially false information on the application
or omits material information requested is liable to the landlord for damages, plus a civil
penalty of up to $500, civil court filing costs, and reasonable attorney fees.

Sec. 3.

Minnesota Statutes 2022, 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. deleted text begin If a tenant screening service knows that a court file has
been expunged, the tenant screening service shall delete any reference to that file in any
data maintained or disseminated by the screening service.
deleted text end

new text begin (b) Every residential tenant screening service has an affirmative duty to update and
verify the current status of court files by accessing the Minnesota Court Records Online no
more than 24 hours prior to issuing a residential tenant screening report.
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. 4.

Minnesota Statutes 2022, section 504B.245, is amended to read:

504B.245 TENANT REPORT; REMEDIES.

deleted text begin The remedies provided in section 8.31 apply to a violation of section 504B.241. deleted text end new text begin In
addition to the remedies otherwise provided by law, any person injured by a violation of
section 504B.241 may bring a civil action against new text end a residential tenant screening service or
landlord deleted text begin 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 new text begin
and recover the greater of $1,000 or actual damages, together with costs and disbursements,
including costs of investigation and reasonable attorney fees, and receive other equitable
relief as determined by the court.
new text end

Sec. 5.

Laws 2023, chapter 52, article 19, section 120, is amended to read:

Sec. 120. EFFECTIVE DATE.

Sections 117 deleted text begin to deleted text end new text begin and new text end 119 are effective January 1, 2024. new text begin Section 118 is effective January
1, 2024, and applies to cases filed before, on, or after that date.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2024.
new text end